Times Of Swaziland: COP JAILED 18 MONTHS  IN RAPE CASE SCANDAL

COP JAILED 18 MONTHS  IN RAPE CASE SCANDAL
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Mbongiseni Ndzimandze on 24/08/2023 17:56:00


MBABANE – A police officer, who intentionally failed to open a criminal docket
for his colleagues to investigate a rape case has been sentenced to 18 months
imprisonment.
Muzi Dlamini, who is stationed at Manzini Police Station under the General Duty
Department (GD), was sentenced to 18 months without an option of a fine by Judge
Doris Tshabalala yesterday. This was after she found him guilty of attempting to
defeat or obstruct the course of justice. Instead of opening a case against the
suspects, Dlamini is said to have negotiated with one of them (suspects) for
payment of money to the complainant’s mother. The genesis of the matter is
that on June 2, 2014, *Nobuhle and her mother *Zodwa reported a crime of rape
that was allegedly committed against the former and the suspects were Mbuso
Dlamini and Mcolisi Dlamini.  Upon arrival at the police station, the duo of
Nobuhle and Zodwa found Muzi, to whom they narrated or reported the matter to.
Muzi, who was on duty, gave Nobuhle the police medical form (RSP 88) for her to
go with it for medical examination. The officer is said to have intentionally
failed to open a criminal docket for the matter to be investigated, instead he
proceeded to convene a meeting at the Manzini Police Station between the
complainant and the suspects, to discuss the rape incident that was reported.
Muzi later received a sum of E6 000 from one of the suspects (Mbuso) for him to
give to the complainant.
Witnesses
When the matter was heard in court, Muzi pleaded not guilty and the Crown led
evidence of five witnesses. In her judgment, Judge Tshabalala said she was
convinced from the evidence of the Crown that the accused (Muzi) deliberately
deviated from the procedure followed at the police station and failed to record
the complainant’s statement. The court said notably, the accused did not
report the matter to his superiors as expected. Judge Tshabalala said as a
result, there was no investigation until the mother of the complainant lodged a
complaint. “All the omissions were committed for no justifiable reasons. The
accused went on to negotiate with the suspect for payment of money to the
victim’s mother,” said Judge Tshabalala. It was the court’s finding that
the accused’s conduct as narrated supported the intention on his part to
commit the offence, of which he was charged. The court concluded that, his
conduct established beyond reasonable doubt an attempt to defeat or obstruct the
course of justice.
Procedure
“The Crown’s evidence shows that in flouting the procedure, the accused
deliberately omitted to create a record of the rape complaint that would be
acted upon for investigation by the relevant department. The accused did not
only fail to open a docket and to make occurrence book entries of the case, he
also failed to report to the next senior officer,” reads part of the judgment.
Judge Tshabalala said, it could be deduced from these actions that his intention
was to have the matter ‘dead’ and never see the light of day.The court also
observed that, the accused went on to have clandestine communication and meeting
with one of the rape suspects and the complainant’s mother. “The accused
literally derailed a reported criminal matter and reduced it to a bargaining
tool for purposes best known to himself,” said the court. The Crown was
represented by Sibusiso Phakathi from the chamber of the director of public
prosecutions (DPP), while Masondo from Masina Mzizi Attorneys appeared for the
defendant.