Tobias Chitukudza v The State

The applicant, Tobias Chitukudza, a 24-year-old police officer stationed at Highlands Police Station, was charged with attempted robbery. On 12 March 2015, while dressed in police uniform and driving a Toyota Corolla (registration ACU 2794), he and an accomplice Tendai Dodzo (still at large) waved down the complainant at the intersection of Borrowdale Road and Addington Road. The applicant accused the complainant of violating road traffic laws but could not produce police identification. The accomplice produced a flick knife and demanded car keys and cash. The complainant realized they were criminals and charged at them. The applicant and accomplice fled in their vehicle with the complainant in pursuit. The CID Vehicle Theft Squad Crack Team intercepted the applicant's vehicle at the intersection of Rekai Tangwena and Bishop Gaul. Despite police orders to stop and a high-speed chase with sirens, the applicant continued fleeing. He collided with another vehicle, then fled on foot with his accomplice into a thicket near Belvedere Suburb. Despite warning shots, the applicant continued fleeing and was only arrested after being shot and wounded. His accomplice escaped. A search of the vehicle recovered police uniform items. The applicant applied for bail to seek private medical attention, assuring he would not abscond as he was a police officer, family man, of fixed abode, and a citizen.

• Whether bail should be granted to an accused charged with attempted robbery who demonstrated clear intent to evade arrest
• Whether an accused's conduct during arrest is a relevant factor in determining likelihood to stand trial if granted bail
• Whether medical needs constitute sufficient grounds for granting bail where other factors indicate flight risk

The application for bail pending trial was dismissed.

An accused person who attempts to flee from police during arrest and demonstrates a sustained and determined effort to evade arrest cannot be trusted to stand trial if released on bail. The behavior of an accused at the time of arrest is an important and relevant indicator for determining whether the accused can be trusted to appear for trial if granted bail. Where an accused is aware of the seriousness of the offence and the dire consequences upon conviction, this awareness combined with evasive conduct indicates a high likelihood of absconding if granted bail.

The court observed that upon conviction, the applicant, being a police officer, would definitely lose his job and face a lengthy period of imprisonment. The court noted that although the applicant was shot and wounded during arrest, the police and prison authorities had taken good care of him and ensured he received adequate medical attention, and his life did not appear to be in danger. The court also commented on the applicant's lack of cooperation with police in shielding his fugitive accomplice despite eyewitness evidence, suggesting this demonstrated untrustworthiness beyond the flight risk.

This case reinforces the principle in Zimbabwean criminal procedure that an accused's conduct during arrest is a critical factor in bail determinations. It demonstrates that attempts to evade arrest are strong indicators of flight risk and unwillingness to stand trial. The case also establishes that medical needs alone do not override other factors indicating the accused poses a flight risk or will not stand trial. It is particularly significant as it involves a serving police officer charged with a serious crime, illustrating that bail considerations apply regardless of an accused's professional status when conduct demonstrates clear intent to evade justice.