Police should always be neutral - judge

MBABANE- “Police investigators must always be guided by the spirit of neutrality and fairness in the conduct of their investigations.”

This caution was issued by Judge Bongani Dlamini, in a judgment for bail involving a Zion priest, who was arrested for allegedly sexually violating his two daughters.

The bail was vigorously being opposed by the investigator, who deposed to an affidavit outlining why she felt it was not in the interest of justice to release the applicant on bail.

In her affidavit, the investigator of the case, Constable Dumisile Msibi, submitted that: “The applicant (priest) literally changed his minor children (own blood and flesh) into his wives and had sexual intercourse with them interchangeably, even though he was staying with his lawful wife. Such is abominable from a father and a pastor.”

Judge Dlamini said this statement might perhaps explain why there was such a ferocious opposition in the applicant’s bail application. It was further the court’s observation that the investigator concluded that the applicant was guilty as charged.

The judge said in his view, the investigating officer became too emotional and personally got drawn into the issues. He cautioned police investigators that they should always be guided by the spirit of neutrality and fairness when executing their duties.

“Their task is to investigate allegations of criminality and not to make pronouncements on the guilt or otherwise of a suspect. The determination of guilt or otherwise of an accused person is a process reserved for court proceedings,” said Judge Dlamini.

The court then admitted the applicant to E50 000 bail, but ordered him to pay E10 000 cash and provide surety for the balance.

Accused

The accused is facing two charges under the Sexual Offences and Domestic Violence (SODV) Act of 2018. He is alleged to have sexually violated his two daughters aged 19 and 15, respectively. The clergyman is also accused of having physically abused the complainants by purportedly subjecting them to heavy assault using a pipe.

It is alleged that the sexual encounters and physical assaults against the complainants took place from 2018 to February 2023.

According to the investigator, the complainants were brought to the police station by the applicant’s two girlfriends on February 2, 2023.

In opposing his bail application, the investigator had submitted that the applicant was a flight risk and might influence and/or intimidate witnesses in the event he was released on bail. The main opposition to the application for bail was that the applicant was likely to evade trial due to the serious nature of the offences he was facing.

In his judgment, Judge Dlamini said the court accepted that the charges faced by the applicant, were indeed serious and that if convicted, the punishment consequent thereon might be severe.

“The mere fact of the charges being serious is, however, not the only consideration in the decision whether or not to grant bail. If there is nothing placed before court as an indication that the applicant is likely to evade trial or will interfere with the Crown’s witnesses, the court is likely to consider the matter in the applicant’s favour,” said Judge Dlamini.

He pointed out that this would be in line with the fundamental principle that an accused was presumed innocent until proven guilty.

The court said it noted with concern that corporal punishment, which the applicant would mete out on the complainants, ran exactly parallel with the alleged indecent assaults.

The applicant was represented by Human Rights Lawyer Sipho Gumedze of V.Z Attorneys in Manzini.