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MBABANE – On Monday, former Minister of Public Works and Transport Ntuthuko Dlamini will present his defence in his murder trial.
This after the Crown closed its case yesterday. The last witness to testify for the Crown was a doctor from Mbabane Government Hospital, who examined Simon Dlamini after he was transferred there from Mankayane Government Hospital.
Simon is one of the three men who were allegedly killed by Ntuthuko with a firearm on September 7, 2020. The other two men, Sikhulu Shongwe and Andreas Tsabedze, were said to have died on the scene at Mhlabubovu in Bhunya. The trio was shot during a gathering on a piece of land allocated to one Mbongiseni Dlamini in the area.
The doctor submitted that Simon had lost a lot of blood when he was received at Mbabane Government Hospital and he was not in a condition to be taken to the theatre.
During cross-examination by Noncedo Ndlangamandla, the doctor said his opinion on the cause of death was that there was faecal leakage from the intestines and there was an infection that spread to the blood and all over the body.
On Tuesday, the investigating officer, Chalton Mthethwa, gave his evidence which was preceded by the pathologist’s, Dr Reddy.
In his evidence-in-chief, Mthethwa told the court that on September 7, 2020, they found two bodies at the scene. He said Simon had been taken to Mankayane Government Hospital. Shongwe and Tsabedze, according to Mthethwa, were the ones lying dead.
He informed the court that he took witnesses who were at the scene to the police station in Malkerns. The investigator stated that he left his colleagues behind to process the scene.
Implicated
Mthethwa said he interviewed Sihle Dlamini, Big Boi Maseko, Indvuna Ginindza and Bhekwako, who said something that implicated Ntuthuko.
Ndlangamandla, who represents Ntuthuko, objected to the investigating officer saying the witnesses had said something that implicated the accused person.
According to Mthethwa, they took Sihle’s Samsung A30 cellphone, which he had used to record the video of the incident that went viral on social media. However, the cellphone was released back to Sihle at a later stage after he had made a request to that effect.
The investigator further told the court that he thereafter returned to Bhunya Police Station and interviewed Ntuthuko and the people who had accompanied him to the scene: Sipho Matsebula, Derrick Maziya and Vusi Zulu. “I warned that what they did at Mhlabubovu was an offence,” said Mthethwa.
He stated that he received a call that Simon had been transferred to Mbabane Government Hospital due to his injuries. “We then got information that some people were baying for Ntuthuko’s blood, as well as his companions. We transferred them to Mafutseni Police Station for their safety,” Mthethwa said.
On September 8, 2020, said Mthethwa, he went to Mafutseni Police Station with the desk officer and they were joined by officers from the Serious Crimes Unit (Lukhozi).
Charged
He said they interviewed Matsebula, Maziya and Zulu. “They said something in relation to the matter. I then formally charged Ntuthuko after explaining his rights. He said something that implicated him,” said Mthethwa.
Ndlangamandla objected to the evidence that Ntuthuko said something that implicated him. She said it was enough to say he said something, not that what he said implicated him. Judge Maxine Langwenya expunged that evidence.
He submitted that he charged Ntuthuko with two counts of murder and another of attempted murder. He said he sealed the murder weapon (pistol) for ballistic examination in Mbabane.
On September 9, 2020, according to Mthethwa, he got Ntuthuko’s firearm licence and discovered that it had expired. The expiry date was August 20, 2019. Mthethwa said Sikhulu Shongwe’s firearm had also expired.
The former minister said the video that went viral on social media after he allegedly shot three men at Mhlabubovu in 2020 did not show him shooting anyone. Ntuthuko said the video also did not show the men he allegedly killed on September 7, 2020.
Shongwe and Tsabedze were certified dead on arrival at Mankayane Government Hospital and Simon died while receiving treatment at Mbabane Government Hospital.
Ntuthuko yesterday pleaded not guilty to all the four charges.
The Crown is represented by Principal Crown Counsel Ncamsile Masuku and Crown Counsel Nolwazi Mabila. One of the witnesses was Detective Constable Mthobisi Mfundo Vilakati who is attached to the Royal Eswatini Police Service (REPS) Digital Forensic Laboratory.
His duties include receiving electronic evidence through electronic gadgets and using software to extract the evidence which had been deleted and present it in court. Vilakati told the court that on September 22, 2020, he received a request from the case administrator who administered all cases at the police headquarters.
The matter will continue on Monday.