Howe: Investigators should not see suspects without lawyers

MBABANE – Lucky Howe yesterday applied that investigators should not see the three arrested suspects without their attorneys.

The arrested men are Zweli Simelane, the son to former Siphofaneni MP Mduduzi ‘Gawzela’ Simelane. His co-accused are Economic Freedom Fighters Swaziland member Siphosethu Malinga and Swaziland Liberation Movement (SWALIMO) member Mxolisi Simelane.

The accused were remanded in custody until Friday. Howe said since the accused were in custody, investigators should not see them unless their attorneys were present. Howe represents Zweli. Human Rights Lawyer Thabiso Mavuso appears for Mxolisi Jabulani Simelane and Malinga is represented by Professor Dlamini.

Allowed

“The other thing that I have been asked by the third accused (Zweli), may the investigating officers not see them without us being there. They are not allowed to talk to the third respondent without his attorneys being there.

“We understand that there are some administrative issues that we must acknowledge as practitioners. We acknowledge that. The police must equally acknowledge that they are not to speak to them without us,” submitted Howe. The Acting Director of Public Prosecutions (DPP) Lomvula Hlophe, wanted the accused to explain what they meant by saying that the investigators must not have access to them (suspects) because from the court, investigators would take them to custody.

Instructions

Judge Bongani Sydney Dlamini said they were speaking in relation to taking instructions. The judge said he could not make an order as the submissions were made from the bar. Judge Dlamini pointed out that people who were in custody were entitled to legal representation by an attorney of their choice and to consult with them.

The judge also said an accused person was entitled to remaining silent. Judge Dlamini explained to the acting DPP that the accused were saying, if there was a need for investigators to speak to them, and they (accused) were willing to talk to the investigators, that should take place in the presence of their attorneys.

The judge said it was the duty of the Crown to ensure that if attorneys representing the accused persons were denied access to them, it should stop.