THE High Court has relaxed the bail conditions of Bulawayo businessman Oricious Moyo who allegedly shot his lover’s husband resulting in his death.
The ruling by Bulawayo High Court judge Justice Martin Makonese follows an application by Moyo through his lawyer, Mr Robert Ndlovu, seeking variation of bail conditions. Justice Makonese directed the Registrar of the High Court to immediately release Moyo’s passport as part of the bail conditions.
However, the judge ordered Moyo to first inform the Officer-in-Charge of the CID Homicide section at Bulawayo Central Police Station whenever he intends travelling out of the country.
“The court order under Case Number SC956/17 be and is hereby varied as follows; the Registrar of the High Court be and hereby directed to immediately release the applicant’s passport to his custody. The applicant be and hereby ordered to inform the Officer-in-Charge of the Homicide section at Bulawayo Central Police Station of his intention to travel across the border before undertaking such travel and on his return,” ruled Justice Makonese.
Moyo allegedly shot and injured Tawanda “MaPecca” Moyo, a former member of Siyaya Arts Group, who later succumbed to the gunshot wounds in hospital.
He was initially charged with attempted murder and now is facing murder charges after Tawanda died last September. Moyo is out of custody on $2 000 bail granted by the Supreme Court.
In his founding affidavit, Moyo wanted an order for the removal of the condition requiring him to surrender his passport, arguing that he is a businessman whose business requires him to undertake routine cross border trips.
“The present application relates to clause 2.2 of the court order requiring me to surrender my passport to the Registrar of the High Court, Bulawayo. This application is made in terms of Rule 5 of this court’s bail rules as read with section 116 of the Criminal Procedure and Evidence Act.
“I am seeking to have the court order varied by the removal of that condition on the basis that I am a businessman who runs fast foods outlets and supermarkets in Bulawayo and I undertake cross border transportation,” he said.
Moyo said the business necessitates cross border travelling to monitor as well as secure stock.
He further contended that if granted the order he would not abscond. According to the initial bail conditions, Moyo was ordered to surrender his passport and reside at his residence in Emganwini suburb in Bulawayo until the finalisation of the matter. He was also ordered not to interfere with witnesses or investigations.
Source: The Chronicle