Introductions

(Credit: James C. Raymond, Writing for the Court (Toronto: Carswell, 2010) at p. 35:

Version #1

This is an application supported by an affidavit in which the applicant is seeking to be admitted to bail pending her trial. The affidavit discloses that the applicant who has been in custody since October, 1985 was on 3rd December, 1985 committed to the High Court for trial for the offence of infanticide. On 18^th December, 1985 she applied to the High court at Kitwe to be admitted to bail pending her trial.

Version #2

Rosemary Chilufya has been in jail for nearly five months, awaiting trial on a charge of infanticide. The High Court has refused to set bail, on the ground that infanticide is a form of murder, and murder is not a bailable offence. A threshold issue in this case, however, is whether the Supreme Court has the authority to…