Crown: Bomber might endanger witness’s safety
MBABANE – The Crown says MP Bomber Mamba should not be granted bail because he might remove its linchpin witness since he is keen to retain his parliamentary seat.
The Matsanjeni South Member of Parliament (MP), according to the Crown, if released on bail, might silence witnesses, especially the only witness in the attempted murder charge. The Crown also argued that the witness would be a hindrance to the MP’s bid to remain in Parliament.
The attempted murder charge, according to the Crown, attracts a custodial sentence and without the witness in respect of this offence, its case would be compromised.
Charges
Mamba (63) and his four co-accused are facing charges of attempted murder, kidnapping and assault common.
The accused persons are alleged to have attempted to kill one Abraham Mabuza by assaulting him with fists and the blunt of bush knives on January 15, 2023.
The Matsanjeni South MP and his co-accused are also accused of kidnapping Abraham by forcing him to board a Toyota Fortuner registered DSD 662 CH and driving with him to Billy’s Farm.
They are alleged to have also assaulted one Philani Mabuza with open hands several times on his face and with the blunt of bush knives on the body.
The quartet is accused of hitting Abraham with a stick on the side of the head.
The MP’s co-accused are Ntokozo Dlamini (29) of Ncandweni under Chief Mshikashika, Andile Tabede (20), Siyabonga Nxumalo (18) and Thubelihle Hlanze (19) all of Matsanjeni under Chief GasawaNgwane in the Shiselweni Region.
The only witness in respect of the attempted murder charge is *Mandla, who is a former employee of the MP. In its heads of argument, the Crown based its opposition of the MP’s bail application on two grounds. The matter was argued yesterday.
The Crown told the court that Mamba, if granted bail, might endanger the safety of the witnesses. The MP, said the Crown, is also likely to attempt to influence or intimidate witnesses.
Judge Cyril Maphanga enquired from Crown Counsel Mxolisi Dlamini what the MP had done to endanger the safety of the witness (in the attempted murder charge) and if he had threatened him. According to the judge, Mamba was innocent until proven otherwise.
Dlamini told the court that it was the manner in which the offences were committed. The investigating officer, said Dlamini, informed the court that Mandla was the only witness in the attempted murder charge and the MP was likely to endanger his safety.
Opinion
Dlamini said the court may rely on the opinion of the investigator. Judge Maphanga said even if the investigator may give an opinion, it had to be backed up by facts. The MP, according to the Crown, is an influential person. The judge wondered if that was enough of a factor to deny an accused person bail.
“What are the facts? Has he threatened the witness?” asked Judge Maphanga.
Dlamini told the court that the MP resented the witnesses since he believed that the complainants were responsible for the alleged various break-ins on his farm. He submitted that if the MP were to be granted bail, he would continue where he allegedly left off and allegedly silence the witnesses, who he said were untouchable.
On the other hand, Mamba told the court that he was not a violent person. The MP’s representative, Noncedo Ndlangamandla, submitted that the Crown had stated that as an MP, Mamba was influential and the witness in the murder charge was his former employee.
Ndlangamandla said the MP had no relationship with the witness and he did not reside at Matsanjeni where the incident happened. She said witnesses in the matter had recorded statements and were ready to testify. She also mentioned that investigations were complete.
Substantiate
She pointed out that the Crown did not substantiate by any facts that the MP would interfere or intimidate witnesses. Ndlangamandla submitted that there was also no evidence that the witness would not be endangered by the release of Mamba on bail.
The Crown, according to Ndlangamandla, said Mamba did not participate in the commission of the offences, but he allegedly instructed his boys to assault the complainants.
“He is not a violent person and is not likely to interfere with the witness. There are no credible facts to support the Crown’s claim. The Crown used the MP’s position in the community in support of the allegation that he will interfere with witnesses. There are no facts placed before court that there is the likelihood that he will interfere or influence witnesses,” said Ndlangamandla.
Judgment in the matter has been reserved. Mamba is the fourth MP currently behind bars after his application for bail was opposed by the Crown. The others are Hosea MP Mduduzi Bacede Mabuza, Ngwempisi MP Mthandeni Dube and Lobamba MP Allan Stewart.