Times of Eswatini

Rape-accused lawyer: My case ‘one of a kind’

- BY MBONGISENI NDZIMANDZE

MBABANE - “My case is peculiar to a point that it can be said to be ‘one of a kind’ and short of being called extraordin­ary.”

These were some of the arguments advanced by the lawyer, who is accused of raping and further impregnati­ng his children. He made these averments in his bail applicatio­n, which is now awaiting judgment.

“I am still presumed innocent even if the trial may resume early and be expedited,” he argued.

He further maintained that he never committed the unlawful acts which are alleged on the charge sheet.

The accused informed the court that he intended to plead not guilty when the charges were read to him.

In his replying papers, the accused submitted that: “I will not interfere with the Crown’s witnesses, who are my relatives. I trust that their lies against me will be exposed under cross-examinatio­n during trial.”

Conviction

According to the lawyer, the Crown was not really interested in securing a conviction against him on the charges he is facing, but was reacting to the comments he made on social media about the prevailing political situation in the country. It was further his contention that his arrest was not conducted in utmost good faith.

The lawyer is alleged to have impregnate­d his children and forced them to take abortion tablets. Two of the minors and his helper allegedly gave birth to his children.

“May I mention further that in our law, arrest for purposes of investigat­ion remains unlawful and if the reason of my arrest is to investigat­e me while in detention then I am in unlawful custody,” contended the accused.

The lawyer, who is represente­d by Khumbulani Msibi of Dlamini Kunene Associated,

Judge Zonke Magagula, who heard the bail applicatio­n told the court that his children, who were the complainan­ts 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.

Meanwhile, the investigat­or of the case, Inspector Millicent Dlamini, told the court that, this was a very sad and sensitive matter, which she implored the court to handle delicately in ensuring that justice was served. She implored the court not to admit the applicant to bail, but order that his trial should be expedited.

“I submit that admitting the applicant to bail should not even be an option, let alone that he be released on his own recognisan­ce. The acts alleged to have been committed by the applicant are so painful and unforgivab­le, so much so that the court should not allow anyone’s child to be associated with the applicant,” said the investigat­or.

The Crown is represente­d by Bhekiwe Ngwenya from the chamber of the director of the public prosecutio­ns (DPP).

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