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MAHATA v CHIGUMIRA & ANOR 2004 (1) ZLR 88 (H)

2004 (1) ZLR p88

Citation

2004 (1) ZLR 88 (H)

Case No

Judgment No. HH-24-04

Court

High Court, Harare

Judge

Omerjee J

Heard

28 January 2004

Judgment

4 February 2004

Counsel

G Chikumbirike, for the applicant
Mrs E Mwatse & Mrs Mabeza, for the second respondent

Case Type

Criminal review

Annotations

No case annotations to date

Flynote

Court — judicial officer — recusal — grounds for — reasonable apprehension of bias — magistrate being interviewed by police after granting bail — should not preside over subsequent application by State to revoke bail

Criminal procedure — bail — alteration of — when bail may be altered or rescinded — need for new facts to be shown

Criminal procedure — bail — application — factors to consider — attitude of police or prosecutor — not decisive — merely a relevant factor to consider

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