LAWYER ACCUSED OF RAPING HIS KIDS MAKES 6 DEMANDS

MBABANE – The lawyer who is accused of sexually violating his children, cousin and helper has made six demands to the prosecution before the start of his trial.

In a four-page letter he wrote from prison, he among other things, demands minutes of an alleged meeting purportedly held by the Prime Minister (PM), Cleopas Dlamini, Deputy Prime Minister (DPM) Themba Masuku, National Commissioner (NATCOM) of Police William Dlamini, with the prosecution, to supposedly discuss his matter. He claimed he was informed that it was during that meeting where his matter was allegedly discussed at length, leading to his arrest. He also stated that according to information he gathered, the said meeting was held at Cabinet Offices.  The accused said he wanted to be furnished with minutes of the alleged meeting so that he could have sight of all the things that were allegedly discussed thereat.

Remove

Further, he wants the Crown to provide him with a copy of the ex parte application that was used to remove one of his children from his home, to a place of safety. An ex parte application is used by a party to ask the court for an order without providing the other party a notice, or opportunity to file an opposing application. The lawyer contends that the Crown ought to have served him with the application as he was an interested party in the matter. The order for the removal of one of the children from his homestead was granted by Mbabane Senior Magistrate Sifiso Vilakati, after officers from the Department of Social Welfare made the application. In the letter, he went on to demand the warrant that was used to remove one of his children, who is a complainant, to a place of safety.

Further, he wants the Crown to provide him with a copy of the statement recorded by the officers from the Department of Social Welfare when interviewing some of the complainants. He is further demanding the instrument that was used to authorise the removal of one of the complainants from his homestead to a place of safety. The accused lawyer also wants to be given a copy of the statement that was allegedly made by the DPM prior to his arrest. It should be noted that after there was uproar over the allegations against the lawyer, as a custodian for children’s rights, the DPM was sought for comment by the media, where he only called for action in the matter. The demands were handed to the prosecution team, which consist of Principal Crown Counsel Futhi Gamedze and Mncedisi Dlamini in court on Tuesday. On Tuesday, his trial was expected to begin but it had to be postponed after he moved an application for recusal and further provided the demands. The accused is adamant that his arrest was politically motivated as outlined in his bail application.

According to the lawyer, the Crown is not really interested in securing a conviction against him on the charges he is facing, but was reacting to the comments he made on social media about the prevailing political situation in the country. It was further his contention that his arrest was not conducted in utmost good faith. “This is a pure government crackdown on its critics, irrespective of whether the criticism is constructive or not,” submitted the lawyer. During the political unrest in the country, the lawyer was one of those who took to social media to make comments that were critical of government. Meanwhile, several women were reportedly coming out to report their horrific experiences, allegedly at the hands of the attorney.
According to the investigator of the cases, Inspector Millicent Dlamini, more charges were likely to be added against the lawyer. The lawyer is alleged to have impregnated his children and forced them to take abortion tablets. Two of the minors and his helper allegedly gave birth to his children.

In his replying affidavit, the attorney denied having committed the offences; instead he claimed that the charges against him were fabricated by his enemies and that they were politically driven. “My arrest remains unlawful, because according to the prevailing jurisprudence in our country, the proper approach would have been to secure my attendance on summons and amend the charge sheet to accommodate the new charges,” submitted the accused. He went on to dismiss the allegations by the investigator, that several women were coming out to report cases of abuse against him. “It would have been proper if the Crown had filed confirmatory affidavits from the complainants, together with the alleged new ones, who are said to be emerging with fresh complaints to verify the assertion by the investigator,” he argued.

Absence

The accused averred that, in the absence of the confirmatory affidavits from the complainants, all the charges remained unverified and were hearsay evidence.  “May I mention further that in our law, arrest for purposes of investigation remains unlawful and if the reason of my arrest is to investigate me while in detention, then I am in unlawful custody,” contended the accused. He further maintained that he never committed the unlawful acts which were alleged on the charge sheet. In his papers, he informed the court that he intended to plead not guilty when the charges were read to him.

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