RFM NURSE ARRESTED FOR RAPE OF DAUGHTER (11)

MBABANE - A male nurse based at the Raleigh Fitkin Memorial Hospital (RFM) has been arrested for allegedly raping his daughter, who is aged 11 years.

The nurse (43) is alleged to have sexually violated his daughter on diverse occasions. According to the charge sheet, the offence is accompanied by agrvaiating circumstances in that the complainant had trust in him as he is her biological father and that during the commission of the offence, he did not use protection. The accused made his maiden court appearance at the Manzini Magistrates Court and was remanded in custody, pending his committal to the High Court. Yesterday, he moved an urgent bail application at the High Court, where he denied having committed the offence, which he has been charged with.

Charged

In his bail application, the nurse told the court that he was arrested by members of the Royal Eswatini Police Service (REPS) on May 15, 2024 and was subsequently charged for allegedly contravening the Sexual Offences and Domestic Violence Act of 2018. In the charge sheet, the prosecution stated that in the event the nurse was convicted, it would apply to have his particulars included in the National Registry for Sex Offenders. The nurse told the court that he would plead not guilty during the trial. “I intend pleading not guilty to the offence alleged to have been committed by me, as I did not have sexual intercourse with the complainant, neither did I make any sexual advances,” he argued. He further brought it to the court’s attention that he was confident that he had huge prospects of success during his trial.

According to the accused, the prosecution had nothing linking him with the commission of the offence. He averred that there were sufficient grounds warranting the High Court to release him on bail upon such terms and conditions as it deemed fit. In motivating his plea to be released on bail, the nurse submitted that he had no citizenship or residence permit in any other country and he was firmly rooted in the Kingdom of Eswatini.

Evade

He also undertook that in the event he was admitted to bail, there was no likelihood that he might attempt to evade trial or violate any of his bail conditions. The accused further stated that even though he was not in possession of the summary of evidence wherein the list of witnesses was attached, he would not interfere or influence the Crown’s witnesses and there was no likelihood of him interacting with them in any way whatsover. He argued that in the event he was admitted to bail, he would not conceal or destroy evidence or even attempt doing same.   
The accused also told the court that there was nothing to suggest that he might undermine or jeopardise the objectives and proper functioning of the bail system, in the event he was released on bail. He told the court that he had been advised and verily believed that his trial would be held at the High Court and was not likely to be concluded within a few months; therefore, his continued incarceration would greatly prejudice him.

Struggles

“I submit that I am employed as a nurse at Raleigh Fitkin Memorial Hospital (RFM), in Manzini. I have five minor children, whom I maintain and one of them is the complainant.
“I submit that I am an asthmatic person who regularly struggles to breathe,” submitted the accused. He argued that the matter was urgent for the reason that he was being denied freedom of movement, which was a right guaranteed in the Constitution of the Kingdom of Eswatini. “The balance of convenience favours my admission to bail, as the Crown’s interest is that I do not evade the criminal trial. The Crown stands to suffer no prejudice in the event I am released on bail, as this is merely an application for bail pending trial and my guilt ofr otherwise is yet to be determined,” he argued. The bail application is being opposed by the Crown, which is yet to file its comprehensive papers outlining why it believed it would not be in the interest of justice to release the accused on bail. The accused is represented by Nduduzo Mabuza of Lucas B Dlamini Attorneys.

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