Court reserves judgement on bail application
M– The High Court yesterday reserved its judgment in the bail application of the lawyer who is alleged to have raped and impregnated his children.
After hearing submissions of both parties, Judge Zonke Magagula said judgment would be issued in due course.
During the argument of the bail application, the Crown informed the court that it was ready to prosecute the attorney and it had already prepared an indictment.
This was disclosed by Crown Counsel Bhekiwe Ngwenya, who also brought it to the attention of the court that witnesses were ready to testify. He said this was an indication that the lawyer’s trial would expedited.
He then implored the court not to release the lawyer on bail.
It was further his submission that, releasing the accused on bail would not be in the interest of justice as he would interfere with the Crown’s witnesses.
It was further his contention that the likelihood of his interference with the State witnesses was almost unavoidable, as the main witnesses were his cousins who stayed at his homestead.
Relatives
Ngwenya highlighted that the lawyer and the witnesses were blood relatives and he had easy access to them as he had their cellphone numbers and knew where they could be found and could effortlessly influence or intimidate them.
Meanwhile, in his bail application, the accused submitted that his major defence to all his four charges (one of the initial five charges was withdrawn at the magistrates court) was actus reus,
In his bail application, the lawyer informed the court that he intends to plead not guilty when the charges were read to him as he never committed
Judge Zonke Magagula who heard the bail application.
which was a major component of crimes he had been charged with.
Actus reus means an action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
The accused who is represented by Khumbulani Msibi of Dlamini Kunene Associated, told the court that his children, who are the complaints in the matter, were persuaded by his enemies to act maliciously against him.
“I do state that they have been unduly influenced to fabricate evidence against me and this will be shown during the trial when the matter gets to be heard,” said the accused.
He further submitted that he was a law abiding citizen and was fully aware of common law rape and the Sexual Offences and Domestic Violence (SODV) Act of 2018 and all its consequences.
same.
The bail application will be argued before Judge Zonke Magagula, tomorrow.
The lawyer is represented the
by Khumbulani Msibi while appearing for the Crown is Bhekiwe Ngwenya from the chamber of the director of public prosecutions.