Online Reporter
Fidelis Munyoro
Chief Court Reporter
A SUSPECTED serial armed robber is facing an extended stay behind bars after the High Court rejected his plea for bail while awaiting trial.
Justice Regis Dembure ruled that Elias Mutonya, the accused in a US$55 000 robbery at an Econet Wireless shop, failed to provide evidence proving his release would be in the interests of justice.
Mutonya, a security guard at the shop in Mvurwi, is accused of conspiring with his brother-in-law, Rashid Adam Chipanga, who is still at large.
The court heard that Mutonya allegedly tipped off Chipanga about the cash stored at the shop. Chipanga, along with three co-accused, reportedly stormed the premises armed with a pistol, iron bars, and tyre cables, tied up a security guard, and made off with cash, cellphones and electronic equipment.
Justice Dembure found the State’s case against Mutonya strong.
“The applicant is connected to the commission of the offence. By extension, he is connected to the crime scene and to the activities and depredations of his accomplices,” the judge said in his written ruling.
The court noted that Mutonya had not challenged his placement on remand nor provided evidence to dispute the allegations.
His lawyer’s oral submissions, the judge emphasised, did not constitute evidence. “Submissions from the bar do not constitute evidence. The applicant did not place such evidence before me to controvert the State’s position or allegations,” Justice Dembure said.
The State opposed bail, arguing that Mutonya posed a flight risk and that his release could endanger public safety.
The court agreed, citing the seriousness of the charges, the use of a firearm in the robbery, and the fact that Chipanga remains at large.
Justice Dembure ruled that the severity of the potential sentence—20 years if convicted—combined with the strength of the State’s case, created a strong incentive for Mutonya to abscond.
“The seriousness of the offence and the likely penalty upon conviction must be further considered with the other factors in this case, which further make the applicant a flight risk,” the judge said.
Mutonya’s proposed bail conditions, including a US$50 deposit and regular reporting to the police, were deemed insufficient to mitigate the risks.
The court upheld the State’s argument that releasing Mutonya on bail would undermine the administration of justice.
