Cop withdraws car surety for murder suspect

MBABANE – A police officer who had offered his motor vehicle as surety on behalf a Bangladeshi national, who is accused of killing his countryman, has withdrawn his surety.

Sifiso Dlamini, the enforcer, registered his intention of withdrawal through a letter which has been filed at the High Court. He stated that after having much thought, he had decided to withdraw as surety on behalf of Delawai Gazi, who is accused of killing Sawar Hossain while at Park View Heights in Mbabane.

Gazi is also accused of robbing Sawar of cellphones valued at E19 000.

Dlamini stated that he feared that Gazi might become a flight risk once out on bail, resulting in him losing his motor vehicle which he offered as surety on behalf of the former.

A copy of Dlamini’s letter was also submitted at the Mbabane Magistrates Court by the Crown, which is accusing Gazi of unlawfully entering and remaining in the country without a valid permit.

Worth noting was that Gazi was rearrested and charged with contravening Section 14 (c) of the Immigration Act.

He was arrested within the prison premises after he was released on bail fixed at E50 000. This was after he had paid E20 000 cash and provided Dlamini’s motor vehicle as surety.

Principal Crown Counsel Macebo Nxumalo presented the letter. Nxumalo applied that the letter be submitted as part of evidence. He also applied to recall Detective Sergeant Thami Mabuza in relation to the latest developments, stating that the police officer was not privy to the information, resulting in him focusing on the immigration case alone.

However, Lawyer Derrick Jele, who is representing Gazi in the matter, objected to the recalling of Mabuza. Jele submitted that Mabuza was not the author of the document and, therefore, could not hand it over to the court.

Jele further submitted that the letter had no barring in the matter before court.

He then applied for the acquittal and discharge of Gazi, stating that the Crown’s evidence was so weak that his client could not be called to his defence.

Charge

The lawyer pointed out that the charge which his client was facing stated that he unlawfully entered and remained in Eswatini on June 22, 2022 yet he had just been released from prison. Jele further referred the court to the wording which says, ‘he remained in the country without a valid permit’.

He submitted that in the court order which was issued by the High as part of Gazi’s bail conditions, the court stated clearly that his client should remain in

Eswatini until the finalisation of his murder case.

“The court order alone is a permit for Gazi to remain in the country. A court order has to be respected by everyone, including the Crown and the court,” submitted Jele.

However, Nxumalo was of the view that Gazi had a case to answer. He submitted that as a person who applied for bail, Gazi should have applied for valid documents so that he could not be found on the wrong side of the law after his release.

“As stated by the Chief Immigration Officer Makhosi Simelane in his evidence in chief, he should have requested his former employer or relatives to apply, for the valid documents while in prison,” Nxumalo said.

Acting Mbabane Principal Magistrate Sifiso Vilakati is expected to issue a ruling on July 18, 2022.