COP JAILED 18 MONTHS IN RAPE CASE SCANDAL

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.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: