Rape sus­pect barred from set­ting foot at Buh­leni

Observer on Saturday - - News -

A28-year-old man has been barred from set­ting his foot at Buh­leni where he al­legedly raped a 12-year-old girl. High Court Judge Ticheme Dlamini yes­ter­day is­sued an or­der di­rect­ing that the sus­pect Ken­neth Dlamini never dares sets his feet at Nd­lalan­gubo area at Buh­leni but he should stay with his un­cle at Sipho­fa­neni.

This was dur­ing an ur­gent bail ap­pli­ca­tion filed by Dlamini through his lawyer Maqawe Dlamini fol­low­ing his ar­rest by the Pigg’s Peak po­lice.

Judge Dlamini ad­mit­ted the sus­pect to bail fixed at E50 000, how­ever, E3 000 was paid in cash and the rest shall be in a form of surety. Part of his bail con­di­tions are that he should sur­ren­der his pass­port to the po­lice and re­port to the Sipho­fa­neni po­lice on weekly ba­sis and not in­ter­fere with the Crown’s wit­nesses.

Crown Coun­sel Bon­sile Ndlela did not op­pose to the bail ap­pli­ca­tion and lawyer Dlamini as­sured the court that his client would stay with his un­cle at Sipho­fa­neni as per the bail con­di­tions.

The rape sus­pect is al­leged to have on Septem­ber 11, 2014 at Nd­lalan­gubo near Mz­imnene did wrong­fully and un­law­fully had sex­ual in­ter­course with the 12-year-old with­out her con­sent and ag­gra­vat­ing cir­cum­stances are that he did not use a con­dom dur­ing the rape or­deal.

Fur­ther, he is al­leged to have in­flicted phys­i­cal and a life­time men­tal trauma to the com­plainant and that the sur­vivor is a mi­nor in­ca­pable of con­sent­ing to sex­ual in­ter­course.

In his bail ap­pli­ca­tion, he stated that he ap­peared at the Pigg’s Peak Mag­is­trate Court and was re­manded back into cus­tody pend­ing his com­mit­tal to the High Court and was ad­vised to move his bail ap­pli­ca­tion there hence the present ap­pli­ca­tion.

He sub­mit­ted that he was cooper­a­tive with the po­lice dur­ing their in­ves­ti­ga­tion and that he has a de­fence in the case as he did not com­mit the crime as he does not re­call as to where and when such an of­fence was al­legedly com­mit­ted.

“I was per­plexed when I was ar­rested for hav­ing raped the com­plainant when I have never at any point in time slept with the said com­plainant and I wish to state that I have prospects of suc­cess at trial, it is my hum­ble sub­mis­sion that my con­tin­ued in­car­cer­a­tion has se­ri­ous and neg­a­tive reper­cus­sions to me be­cause I am self em­ployed and sub-con­tracted un­der Sgci­nesh Lo­gis­tics and stand to lose my source of in­come,” he sub­mit­ted.

He sub­mit­ted fur­ther that he is a Swazi cit­i­zen with deep emo­tional and fam­ily roots in the coun­try and un­der­took not to de­mean his self in any man­ner prej­u­di­cial to the in­ter­est of jus­tice and has no deal­ing out­side the borders of the king­dom.

He said he would abide by all bail con­di­tions and stay at Sipho­fa­neni and fur­ther fur­nish the prin­ci­pal in­ves­ti­ga­tor with his res­i­den­tial ad­dress, sub­mit­ting that his re­lease would not be prej­u­di­cial to the in­ter­est of jus­tice.

His re­lease he stated, would im­prove his health con­di­tion as the weather con­di­tion is not presently con­ducive for him to be in­car­cer­ated as he is un­der treat­ment.

BE­FORE HIM: High Court Judge Ticheme Dlamini.

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