R. v. Lemanda s/o Obei, Misc. Crim. Cause 787-D-69, 29/12/69, Georges C. J.

R. v. Lemanda s/o Obei, Misc. Crim. Cause 787-D-69, 29/12/69, Georges C. J.

This is an application for bail by Lemanda s/o Obei who is charged with murder.

            Held: ‘Section 123 (3) of the Criminal Procedure Code does empower the High Court to direct a person to be admitted to bail even though he has been charged with murder or treason. It is clear, however, that in cases of murder bail will be allowed only in exceptional circumstances. This is indeed as it should be when one considers the gravity of the offence and the seriousness of the punishment which may be imposed on a finding

of guilt. The chances that an accused person would seek to escape rather than face the possible penalty of death must indeed be very high, and for that reason the courts have been very loathe granting bail in capital charges. Mr. Versi for the applicant urged very strongly that on the record it would appear that it was unlikely that the trial court would find the offence proved as charged and that the more likely verdict would be one of manslaughter. The depositions were attached to the application and Mr. Versi pointed out that there was a long session of pombe drinking immediately before the killing and that there was also some evidence of provocation. In particular there was evidence alleged that the deceased may have struck the accused with a stick on his hand, fracturing his finger …. I think this court should e very loathe to examine depositions in order to attempt to predict what verdicts are likely to be arrived at by tribunals in which is vested the jurisdiction to determine criminal matters ….. What I would say is this; that even if the applicant is in fact found guilty of manslaughter the circumstances of this case are such that it would not be the sort of offence on which one would normally grant bail unless there are unusual circumstances. I think it may be said that some 50% to 69% of killings which take place in this country are the result of drinking sessions followed by minor quarrels which end eventually in a fatal blow and I certainly would not think it desirable that in any such cases the accused persons should be released on bail pending their trial.”

Application refused.