crimes yet he was innocent of same. He further submitted that he had no intentions of skipping the country as he had never done so before.
“The Crown, probably still pursuing its hide-and-seek game, and despite being officers of the court, has conveniently and deliberately not annexed the relevant extract of the Manzini Police Station bail recording book which indicates, when last I had reported and which further demonstrates or support my averment that I stopped reporting in fear of the threat to my life by officer Bhiza Dlamini,” alleged Motsa.
He contended that despite the fact that he was a liSwati citizen, with his home being at Kwaluseni, when the said offences were committed, he was not in the country.
Deprivation
“What appears ex facie the Crown’s answering affidavit is that, save for bald and/or bold allegations, the Crown has not substantiated with any facts the said allegations, yet in terms of Section 96(4) of our Penal Code, as I am advised and verily believe, it is enjoined to do so for the lawful deprivation of my right to bail,” he argued.
Motsa informed the court that it should be noted that, the fact that the offence he was facing carried a lengthy custodial sentence was not a bar to admitting an accused person to bail.
He contended that, it was puzzling why the Crown would allege that he had a propensity to adapt to new situations and in the process forgetting about his family.
The accused claimed that he had never been convicted of any offence, for one to allege that he had a propensity to do anything or to allege that he had committed any criminal act.