COP ARRESTED FOR RAPE OF SUSPECT IN HOLDING CELL

MBABANE – A police officer based at Sigodvweni Police Station has been arrested for allegedly raping a female suspect inside a holding cell.

 The arrest of Dumani Goodwill Dlamini comes hardly two weeks after the arrest of two officers grom the same police station. The two officers, Mbongeni Sichaba Dlamini and Nkosingiphile Mavolovolo Mkhonta are alleged to have stolen 22 bags of dagga and they are currently out on bail.

Dumani is alleged to have committed the offence last year, but he was arrested and subsequently charged with rape under the Sexual Offences and Domestic Violence  (SODV) Act of 2018 on Wednesday.

According to the charge sheet, the offence is accompanied by aggravating circumstances in that the accused allegedly caused physical and mental trauma to the complainant and that he did not use any protection, thus exposing the alleged survivor to the risk of contracting sexually transmitted infections.The accused yesterday moved an urgent bail application at the High Court where he pleaded his innocence.  He informed the court that he was a police officer, Constable 5683, employed by the Eswatini Government and stationed at Sigodweni Police Station under the General Duty Department. He narrated to the court that on January 6, 2021, while he was on duty, he was called by his superiors to report to Sigodvweni Police Station. He claimed that when he arrived at the police station, he was attended to by Detective Sergeant Hlatshwayo.

“I was thereafter advised that I am being charged for having contravened the Sexual Offences and Domestic Violence Act. I made an appearance on the same day wherein I was advised to make an application for bail at the High Court,” submitted the accused.  He informed the court that he was currently incarcerated at the Manzini Remand Centre. 

He avowed that he never committed the offence and this was due to the fact that he never had any unlawful sexual intercourse with the complainant in the matter.

It was further his submission that on the day in question, he was on duty and as such, he was the custodian of the keys to the holding cells (jailer). He submitted that while executing his duties, he saw the complainant who had been arrested for theft, inside the holding cell.

“The complainant confronted me and made numerous ludicrous demands, to which I refused. Seeing that I was turning a blind eye to her demands, the complainant started hurling insults and was threatening me with assault after being released from custody,” contended Dumani.

According to the accused, he became so infuriated to the extent that he also threatened her with assault and further told her that he would be adding another charge of threatening an officer with violence while executing his duties. He submitted that this did not deter the complainant as she allegedly continued hurling more insults.

“On that day, I knocked off from duty at around 10pm. To my surprise and dismay, I learnt on the following day that the complainant had made allegations to the effect that I raped her,” submitted the accused police officer. It was his contention that he never raped the complainant nor even made sexual advances towards her. Dumani said it was further inexplicable how he could have raped the complainant inside the holding cells when there were other officers. He pointed out that when the matter was investigated, his plea of innocence allegedly fell on deaf ears as he was told that only the court would absolve him. The police officer went on to undertake that if released on bail, there was no likelihood that he might endanger the safety of the public or any particular person.

“There is no possibility that if released on bail, I might attempt to influence or intimidate witnesses as they are not even known to me. I submit that I will not conceal evidence,” he argued.

Circumstances

According to the accused, there were also no exceptional circumstances which might suggest that there was likelihood that his release on bail might disturb public order or undermine public peace.   Dumani argued that he was a law abiding citizen and he had never been arrested for any offence in his entire life and that he did not commit the offence he has been charged with.

The accused was represented by Musa Shongwe of Simelane Shongwe Attorneys in Mbabane while appearing for the Crown was Mbutfo Mbingo from the chamber of the Director of Public Prosecutions.

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