S v STOUYANNIDES 1992 (2) ZLR 126 (S)

Flynote

Criminal procedure — bail — originally refused but considerable time elapsing without progress in investigation — bail now granted

Headnote

The appellant had been arrested on charges involving illegal dealing in large amounts of foreign currency. He was refused bail originally and the appeal against this refusal was unsuccessful. After a further ten weeks had elapsed, he re-applied for bail. This further application for bail was also unsuccessful. On appeal against this refusal of bail, Held, that the amount of time which had elapsed had to be considered together with the crucial factor of the lack of any proven progress in the investigations in this case. The Attorney-General acts at his peril if he fails to put before the court specific facts which show that the State case has been strengthened after a long time has elapsed.

Held, further, that the appellant had shown on a balance of probabilities that the interests of justice now required that he be freed on bail, subject to extremely onerous conditions. The numerous offers by prominent people to stand surety for the appellant were held to be of particular significance.