Rape suspect barred from setting foot at Buhleni
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.