High Court blocks robber's freedom bid citing dishonest submissions

Suspected armed robber Thulani Munetsi's plea for bail after two years in pretrial detention has yet again been rejected by the High Court.

Munetsi, accused of participating in four armed robberies in Harare alongside five accomplices, faces allegations of wielding firearms, issuing threats, and committing violent acts to steal cash, goods, and personal belongings.

Justice Esther Muremba, presiding over the case, described Munetsi as unsuitable for bail, citing his dishonesty and lack of a permanent residential address.

"The truth is the foundation of justice," the judge said, noting that Munetsi's false statements about his residence undermined his credibility.

Investigations revealed that the address he provided was fictitious, and even relatives testified that as an artisanal miner, he moved frequently and had no fixed home.

The court concluded that his transient lifestyle and falsehoods posed a significant risk of absconding, a threat to the administration of justice.

While rejecting bail, Justice Muremba did not shy away from criticising the State for its failings.

She condemned the prolonged two-year detention without trial, calling it a violation of constitutional rights, including the presumption of innocence and the right to a timely trial.

"Justice delayed is justice denied," she noted, pointing to systemic inefficiencies and a weak State case riddled with conflicting accounts.

The judge highlighted the State's failure to locate the docket or make meaningful progress, labelling such delays as an indictment on the justice system itself.

Munetsi, representing himself, argued that the delay in his trial was evidence of the State's lack of evidence against him. He denied involvement in the robberies and pointed out that some of his co-accused had been granted bail, insisting he should be treated no differently.

However, the State countered that Munetsi posed a flight risk, claiming he had gone into hiding after learning of his co-accused's arrests and had been implicated in the robberies by accomplices.

The circumstances of his arrest were another point of contention. The State initially claimed Munetsi was apprehended at a hideout in Melfort following a shootout with police, but detectives later testified that he was arrested in Belvedere, Harare, after being lured to the location via a phone call.

While acknowledging the prolonged detention and the frailty of the evidence, the judge held firm that granting bail in these circumstances would undermine public safety and the integrity of the justice system.