Accused faces a charge murder, it being alleged that on the 16th of November 2020, he assaulted the deceased Katarina Mupasi and thereby causing her death. Accused pleaded not guilty by reason of insanity. The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1. The state counsel also tendered the post mortem report and the psychiatrist’s report as well as the alleged weapon which is a steel wheelbarrow handle which were all duly marked.
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This application will be better understood against the background that follows. The facts of this matter appear in the founding papers, opposing affidavit of 2nd respondent and the submissions made by Mr Demo counsel for the Speaker of the Parliament of Zimbabwe (Speaker).
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In terms of section 121 (3) of the Criminal Procedure and Evidence Act (Chapter 9:07) it is provided that:
“Where a Judge or Magistrate has admitted a person to bail, and an appeal has been noted by the Prosecutor General or Public Prosecutor under subsection (1), the decision to admit to bail remains in force unless, on the application of the Prosecutor General or Public Prosecutor, the Judge or Magistrate is satisfied that there is a reasonable possibility that the interests of justice may be defeated by the release of the accused on bail before the decision on appeal, in...
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