WHY SIPHO SHONGWE IS NOT APPLYING FOR BAIL

MBABANE – Known as a relatively wealthy man; have you wondered why businessman Sipho Shongwe has not bothered to apply for bail yet?

Today marks the ninth day since Shongwe was taken in by members of the 10-man task team and later charged with businessman and celebrated soccer boss Victor Gamedze’s murder on January 14, 2017, while at Ezulwini Galp Filling Station.

Shongwe is the first suspect to have been confirmed by the police to be in their custody in connection with the murder and he was also the first suspect to be charged.
Since his incarceration, Shongwe has not bothered to instruct his attorney Sipho Mnisi to apply for his release through bail. Mnisi had stated that they were considering a lot of factors which would determine when to file the application for bail.

The Times SUNDAY spoke with different legal experts in the country, asking the rationale behind the businessman’s decision not to bother filing a bail application for his release.
Speaking frankly on the matter, an attorney who owns a law firm in Manzini, said that there could be several crucial factors that are informing Shongwe’s decision not to make a quick bail application as yet.
“In his mind he may be reacting to the heat of the moment,” he said.

He explained that everyone in society had been affected by the assassination of the businessman that Shongwe is being accused of murdering. As such, he said emotions were quite high and would put Shongwe’s bail application at a disadvantage.
 “He is buying time, waiting for all the hype to die down before making his application, I suppose.”
“Everyone is touched by what happened and he may be of the notion that if he requests to be released on bail, it may be denied.

 Another reason for his continued incarceration could be for his safety.
“Like I mentioned before, people are extremely touched by what took place and he cannot be safe out here as some may want to revenge,” said the lawyer.
The attorney said Shongwe was taking his time and allowing the state to keep him in custody and through those actions, he could be saving his own life too.

“He has read the situation well; I can imagine and is waiting for all the flaring tempers to die down. A request for bail now would be met with indignation,” added the lawyer.
Thirdly, the legal professional said his prolonged stay in custody may work to his advantage as the case progresses.
He said as Shongwe remains in custody, police are able to continue with their investigation.

“He is avoiding instances where the prosecution could have grounds to oppose his bail application on the basis that the police are investigating, hence his release may jeopardise the case,” he said.
The legal eagle said Shongwe was just playing his cards right and when ready, he would make his move.
When asked if his continued stay without making a bail application could make the public believe that he is guilty, he said the public court had judged and sentenced the businessman already.
 “There is nothing he can do to sway the public opinion because it is gripped by emotions. Whether he makes an application or not, he cannot score any points,” he said.
He went on to applaud the Judiciary for taking a stand in certain matters. The lawyer said some matters are just denied bail.

He noted that not all cases were granted bail by judges, adding that there were plenty other suspects awaiting bail.
He said judges have the discretion to allow or not to allow bail.
The Manzini based lawyer said this has brought back trust in the operations of the judiciary to a certain extent.
He went on to say that times have changed and it is not like before, when people charged with serious crimes such as murder could secure bail almost immediately.
Another lawyer, who is also based in Manzini shared similar sentiments of his learned friend.

 “If I was representing the accused in the matter, I would not have applied for bail as well at this stage,” he said.
He explained that not only would a bail application be a waste of money, but it was also going to be a waste of time as it would immediately be opposed by the crown.
“At the moment, it is pretty obvious that a bail application would be premature. It will definitely be opposed successfully by the crown,” said the lawyer. He said due to the circumstances surrounding the case, as well as the footage that was leaked from the crime scene, it was obvious that although Shongwe is the prime suspect, there were many role players in the murder. The lawyer said police are yet to arrest the other people seen in the CCTV footage and as such, the release of Shongwe at this stage would be considered interference by the police in their investigation.

“More arrests need to be made before Shongwe can apply for his release through bail; this is a calculated move by his legal team,” he said.
He noted that another factor for refraining from applying for bail can be attributed to the court of public opinion.
“Already he had been tried and convicted; if released, where will he stay,” the lawyer wondered.
He said he found that the suspect is actually safer in custody than out as anything is likely to happen to him.
“Everyone saw the masses that buried the deceased and all those people are a potential threat,” he reasoned.
He said that there were numerous factors adding that those who knew the real reason for the current status quo was his legal team.

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