Rape accused lawyer

The accused lawyer wants Judge Sabelo Masuku to recuse himself from his criminal trial. ney raised a preliminary point in Judge Masuku’s chambers, that he should recuse himself from the matter. Judge Masuku refused to recuse himself and the attorney moved the recusal application in open court.

In the papers he filed yesterday, the lawyer said he made all the comments on social media in the exercise of his right to freedom of expression, thinking that government was truly committed to the Bill of Rights enshrined in the Constitution.

Radio

The lawyer said, to show that government was allegedly up in arms against him, even the Prime Minister, Cleopas Dlamini, went to address the same issue which the DPM had already addressed on national radio, placing more emphasis on the alleged complainants against him and assuring the nation that they were working round the clock to have

violence against children.

All these statements, according to the lawyer, indicated that the DPM was actively involved in the investigation of his case.

The accused lawyer submitted that the article stated further that the DPM was personally involved in removing the children, in order to ensure that it happened smoothly.

The DPM is said to have added the arresting officers who were at the stage of implementing their scope of work and the next stage was the arrest based on conclusive evidence.

The accused lawyer stated that Judge Masuku, being the biological son of the DPM, could have discussed this matter with his father, innocently and informally at home, and the DPM could have expressed his views on it with no intention of influencing the judge as such.

The lawyer pointed out that he did not have direct evidence of this but said it was reasonably possible and likely.

He told the court that he had no reason to assume that the judge and his father did not talk to one another on family issues.

According to the accused, it was common knowledge that, while talking of family issues among relatives, it was natural for work-related issues to find their way into the discussion, and ‘this is normal human behaviour’.

“Thus, in my assessment, the DPM could have most likely expressed his aspirations to the learned judge not with any untoward intention but spontaneously and innocently. The learned judge must have also read the sentiments expressed by his father as reported by the Times of Eswatini on him apprehended.

He told the court that the DPM addressed the nation on national radio and national television, expounding a guilt notion for him and his family members. He said this was despite that he had neither yet been tried nor arrested at the time.

He alleged that a certain reporter indicated on his (lawyer’s) Facebook page how the investigating officers of the matter were purportedly forced by the DPM to surrender the complainants’ statements to the press even before meeting the DPM for the directive to speed up the matter before the courts.

The accused lawyer also said Judge Masuku served in the Law Society of Eswatini at a time when his admission as an attorney was objected to.

The lawyer told the court that Judge Masuku was the secretary of the law society that objected to his admission as an attorney.

“Thus, his perception of me as some delinquent is bound to influence his judgment, even in this criminal trial. His former office (Howe Masuku Attorneys) has been very active in opposing my practice such that one Attorney Lucky Howe once stood up before court while I was addressing the High Court in one matter and opposed my appearance before Justice (Sipho) Nkosi, arguing that I was on suspension whereas I was not.

“I do not know if the learned judge was made aware of this issue of the law firm. However, since he comes from the same firm with Attorney Lucky Howe, I have reason to believe that the partners of that firm do discuss matters and as such it is very possible that my matter was also discussed and those discussions may unconsciously influence the perception of the learned judge over me,” he stated.

According to the lawyer, he did not doubt the wisdom and wealth of criminal law jurisprudence deposited unto the learned judge, but his relationship with the DPM and his former law firm would most likely compromise his independence and neutrality.

July 15, 2022.

“It is not possible that the learned judge may easily ignore these comments and these may influence his perception about me and my case in general throughout the trial. Thus, I have reason to believe that the learned judge may unconsciously buy to the version of the DPM and be persuaded to assist him secure my conviction.

“I say all this by virtue of the close relationship of father-and-son between the trial judge and the DPM and I have nothing personal against His Lordship Justice S. Masuku and I personally hold him in high regard and I have high respect for him as a judge of great integrity.

PoRtRayed

“Thus, I would not want the learned judge to be painted and portrayed badly, in the eyes of the informed public, as assisting his father’s office to secure a conviction against me.

“The only way the learned judge can avoid such unpleasant insinuations against him is to recuse himself from this matter and the matter be allocated to another High Court justice. By so doing, may I state, with respect, that His Lordship would have allowed justice not only to be done but to be manifestly and undoubtedly seen to be done,” narrated the accused lawyer.

He also submitted that the conduct of the DPM was allegedly unlawful and amounted to unwarranted political interference in the work of the police and the DPP.

The attorney alleged that the DPM had no right to request the DPP to speed up the investigation and arrest of a suspect. He submitted that he had a constitutional right to a fair hearing.