Suspect: Postpone case, mum sick
MBABANE- “My mother is sick, so I am not ready to proceed with trial today.”
This was said by Celani Dlamini when he appeared for the commencement of his trial at the Mbabane Magistrates Court yesterday.
Dlamini, who is facing a housebreaking with intent to steal charge, told the court that he was not mentally fit after receiving news that his mother had been hospitalised. He told the court that it had been two weeks since he received the news.
“May the matter be postponed for at least two weeks? I am anticipating that my mother will be well by then” submitted Dlamini.
Acting Magistrate Qondile Mtetwa asked Dlamini if he was aware of the consequences of the postponement. She asked Dlamini if he had ever seen his mother since he received the news of her illness.
She also asked Dlamini how he arrived at anticipating that his mother would recover in two weeks’ time, without having seen her.
The judicial officer made the follow-up question after Dlamini had stated that he had never seen his mother since he heard about her illness, because he was still in custody.
Postponement
“We are trying our best to adhere to the Constitution by ensuring that accused persons are afforded speedy trials.
The postponement of the matter will result in your prolonged stay in prison. However, the court cannot force you if you are not ready,” said Mtetwa.
Out of curiosity, Mtetwa further asked Dlamini when he learnt about his mother’s illness, because he never mentioned such in his last appearance on March 10, 2023.
She told Dlamini that issues of his mother’s illness were not reflected in the court record.
Senior Crown Counsel Chris Sibandze responded by sharing the consequences of the postponement to Dlamini. However, Sibandze stated that the Crown would not force him to proceed if he was not mentally fit.
It further submitted that Dlamini should be mindful of the fact that the stolen items had to be released to their owners.
The Crown told Dlamini that it was better to proceed with the trial so that he could know his fate as early as possible. However, Dlamini maintained his application to have the matter postponed.
The matter was postponed to April 13, 2023 for trial. It has been established that one of the Crown witness will be Dlamini’s girlfriend, who allegedly received the stolen items after the commission of the offence. The items include clothing, bags and a cellphone.