A maid, Constance Mujeyi, who is alleged to have stolen over $1,5 million from her employer in South Africa, is still battling for liberty after her $100 bail granted by a Harare magistrate was revoked by the State.
BY CHARLES LAITON
Mujeyi (28) appeared before provincial magistrate Tendai Mahwe two weeks ago charged alongside her cousins Watson Laiton (27) and Matthew Laiton (23) on charges of theft and money-laundering and were granted bail following which the State invoked Section 121 of the Criminal Procedure and Evidence Act sending them back to remand prison.
Consequently, the State made an application at the High Court seeking to reverse the magistrate’s decision on the basis that the three were not proper candidates for bail.
“The learned magistrate misdirected himself by making a finding that respondents are proper candidates for bail pending trial,” the State said in its grounds of appeal.
“The learned magistrate erred in failing to take into consideration that there is a real likelihood that the respondents may abscond since they are facing very serious offences and there is overwhelming evidence which upon conviction they would be sentenced to a lengthy custodial sentence.”
In response to the State’s appeal, the trio’s lawyer Arshie Mugiya insisted his clients were proper candidates for bail and that the magistrate did not misdirect himself when he released them on bail.
“The State has advanced that the respondents may flee and that this will be induced by the overwhelming evidence and have advanced case law to that effect, but with respect the conclusion of the learned magistrate cannot be faulted in that regard if one takes a leaf from the case of Aitken vs AG in assessing risk of abscondment,” Mugiya said.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
Mahwe ordered each to deposit $100 bail, to reside at their given address, not to interfere with State witnesses, surrender passports and to report once every Friday at Harare Central Police Station. The matter, however, failed to proceed yesterday after prosecutor Fortunate Kachidza indicated that the State was yet to receive a transcribed record of proceedings from the magistrates’ courts as such the matter was postponed to tomorrow.
