Christopher Dickson v The State

### Preamble
1
HH 179-11
CRB 938/11
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CHRISTOPHER DICKSON

versus

THE STATE

HIGH COURT OF

BHUNU J

Harare, 30 August 2011 and 1 September 2011

Mr Taona, for the applicant

Mr Mpofu, for the respondent

Bail Application

BHUNU J: The applicant is the director of two duly registered real estate companies, Pride Real Estate and Ascent Real Estate. He is alleged to have fraudulently sold a residential stand in Mount Pleasant Heights for US$15 000-00 sometime in 2007 and converted the proceeds to his own use.

Investigations revealed that the applicant has a similar pending case under CRB 4634/11. He is also facing an additional charge of fraudulently faking his qualifications to gain registration as an estate agent.

The presiding magistrate denied the applicant bail on the basis that he has a propensity of committing fraud and therefore was likely to commit similar offences if granted bail. It was however, argued on the applicant’s behalf that the current offence was not committed while he was on bail.

I take the view that the time at which the current offences were committed is irrelevant in determining whether or not the applicant has a penchant of committing offences of a fraudulent nature.

The facts placed before the presiding magistrate quite clearly establish that the applicant has an inclination towards committing fraudulent acts in the course of his business. That being the case, the magistrate can hardly be faulted for determining that the applicant is not a good candidate for bail.

For that reason the appeal against the denial of bail cannot succeed. It is accordingly ordered that the application be and is hereby dismissed.

Muza and Nyapadi, the Applicant’s Legal Practitioners.

The attorney General’s Office, the Respondent’s legal Practitioners.