Williams tendered a copy of the judgement in which the Opposition Leader (Morgan Tsvangirai who is on trial for plotting to assassinate Zimbabwe President Robert Mugabe) in that African country was granted.

Williams also observed that the respondent's affidavit in answer did not reply to the petitioner's statement that, if Benschop is allowed pre-trial freedom, he would faithfully attend at all times and in all places required of him and humbly abide the outcome of the preliminary inquiry (PI) into the charge against him.

Williams said that failure could lead to the conclusion that the other side is no longer opposed to the grant.

But Mr. Sanjeev Datadin, opposing the application by Benschop’s wife, Maria, urged the judge to find that the law precludes persons accused of such capital offences from applying to the High Court for the privilege a magistrate does not have the authority to grant.

Replying to Williams, who said the judge has the discretion, Datadin referred to the law which he said only empowers the High Court to grant those who are entitled to it and have been refused by the lower Court.

Datadin maintained that, in cases of murder and treason, where a magistrate does not have the authority, offenders are not entitled to petition the High Court.

Before they could move higher, they must prove that the magistrate has the power and he had refused an application, the Special Prosecutor for the PI said, adding that it would be an improper interpretation to say that the legislation has empowered the High Court to grant bail in cases of murder and treason, in which magistrates are not.