A’e accuse† Ža™›er to ha˜e his †a› in court
MBABANE – The wheels of justice have been set in motion!
$fter spending almost two months in Mail, the lawyer who allegedly sexually Yiolated his children, their cousin and helper will haYe his day in court.
7his comes after office of the director of public prose cutions (DPP) filed an indict ment, which is an indication of its readiness to prosecute the attorney.
$s per Section bis of the &riminal Procedure and (Yi dence $ct, the prosecution had preYiously applied that the mat ter should be heard at the +igh &ourt, but it was later resolYed that it should be referred to the magistrates court.
Application
Section bis ( ) proYides that ³7he chief Mustice may, on an ex parte application (appli cation made without the knowl edge of the other party) made to him in chambers by the director of public prosecutions and on being satisfied that it is in the interests of the administration of Mustice so to do, direct that any person accused of haYing committed any offence shall be tried summarily in the +igh &ourt without a preparatory examination haYing been in stituted against him.
7he matter will now be heard at the Man]ini Magistrates &ourt, by a principal magis trate. 7he name of the lawyer has been withheld because he is related to the complainants.
+e has been languishing in custody since his arrest on Sep tember , after he was denied bail by -udge =onke Magagula. 2ne of the reasons the +igh &ourt did not release him on bail was that he knew the complainants and was like ly to interfere with them.
+e is facing three counts of rape and two of contraYening the Sexual 2ffences and Do mestic 9iolence (S2D9) $ct
. 7he rape charges, ac cording to the prosecution, are accompanied by aggraYating factors in that the complainants are minors the youngest being
years old and eldest years old. 7he lawyer is the biologi cal father of the minors who are complainants in the first to the fourth counts.
7wo of the minors, according to the prosecution, fell preg nant and were exposed to +,9 $,DS infection.
Complainants
-udge Magagula said the complainants in all the charg es were related to the lawyer. 7he prosecution, which was represented by &rown &ounsel %rian Ngwenya, contended that its witnesses were related and, therefore, were well known to the accused person.
7his, according to the Mudge, made it highly likely that he would tamper with them. 7he lawyer, in response to the sub missions, said the accused was a law abiding citi]en and he did not know the witnesses of the &rown or that they were related to him. 7he Mudge said the complaints and witnesses were all known to the lawyer.