News / National
Dudu Manhenga appeals for bail at High Court
17 Oct 2013 at 03:54hrs | Views
Jazz musician Duduzile Tracy Manhenga who lost a bail bid at the Harare Magistrates' Court on Monday, has filed an appeal at the High Court challenging the dismissal of her application for bail pending appeal. The hearing has been set down for hearing tomorrow.
Manhenga, who filed a notice of appeal against the 18 months prison term imposed on her for culpable homicide and driving without a licence, now wants to be released from prison pending determination of the appeal.
On Monday magistrate Ms Blessing Murwisi dismissed Manhenga's first bail application on the basis that chances of her succeeding on appeal were slim.
Yesterday Manhenga's lawyer Mr Evans Moyo of Scanlen and Holderness confirmed filing a bail appeal saying his client deserved to be out on bail.
"The magistrate should not have refused bail when the appeal was only against sentence.
"What I am simply saying is that our client is a proper candidate for bail and that the magistrate should have released her," he said.
In the initial application Manhenga argued that she was able to stand trial after nearly three years of committing the offences and she proved to be a law abiding person who has no intention to flee.
Manhenga also argued that she had to come to court for her sentence after the conviction.
However, Ms Murwisi dismissed her application saying that Manhenga was facing serious offences and there were high chances of absconding if granted bail.
For driving with a learner driver's licence without supervision, Manhenga was slapped with a $300 fine.
The court also slapped her with a six months jail term, which was wholly suspended for five years on condition that within the next five years, she does not commit a similar offence.
For culpable homicide, Manhenga was slapped with a two-year jail term, before magistrate Murwisi set aside six months for five years on condition of good behaviour.
Manhenga was left with a year and six months effective jail term.
Manhenga, who filed a notice of appeal against the 18 months prison term imposed on her for culpable homicide and driving without a licence, now wants to be released from prison pending determination of the appeal.
On Monday magistrate Ms Blessing Murwisi dismissed Manhenga's first bail application on the basis that chances of her succeeding on appeal were slim.
Yesterday Manhenga's lawyer Mr Evans Moyo of Scanlen and Holderness confirmed filing a bail appeal saying his client deserved to be out on bail.
"The magistrate should not have refused bail when the appeal was only against sentence.
"What I am simply saying is that our client is a proper candidate for bail and that the magistrate should have released her," he said.
In the initial application Manhenga argued that she was able to stand trial after nearly three years of committing the offences and she proved to be a law abiding person who has no intention to flee.
Manhenga also argued that she had to come to court for her sentence after the conviction.
However, Ms Murwisi dismissed her application saying that Manhenga was facing serious offences and there were high chances of absconding if granted bail.
For driving with a learner driver's licence without supervision, Manhenga was slapped with a $300 fine.
The court also slapped her with a six months jail term, which was wholly suspended for five years on condition that within the next five years, she does not commit a similar offence.
For culpable homicide, Manhenga was slapped with a two-year jail term, before magistrate Murwisi set aside six months for five years on condition of good behaviour.
Manhenga was left with a year and six months effective jail term.
Source - herald
