IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE Appeal Case No: 435/15
In the matter between:
SIBUSISO NKOSINATHI DLAMINI : APPLICANT
v
THE KING : RESPONDENT
Neutral Citation : Sibusiso Nkosinathi Dlamini v The King (435/15)
[2015] SZHC 03 (4TH FEBRUARY 2016)
Coram : Q.M. MABUZA
Heard : 30/10/2015
Delivered : 04/02/2016
JUDGMENT
MABUZA -J
[1] The Applicant is charged with 3 counts of rape and three counts of robbery.
[2] The Applicant has filed an application to be released on bail. Such application is opposed by the Crown.
[3] The reasons for such opposition are set out in paragraph 5 and 5.1 of the opposing affidavit deposed to by 4659 D/Seargent Gabsile Mkhatshwa.
[4] Paragraph 5 states that:
“I humbly submit that it would not be in the interest of justice to admit applicant to bail as there is a likelihood that Applicant will not stand trial as he is a flight risk. I humbly submit that applicant ran away from the police a year ago when police wanted to arrest him for a House Breaking with intent to steal and theft case. May I refer the Honourable Court to annexure “GM2” being copy of the charge sheet (House Breaking and Theft). He proceeded to commit these offences whilst on the run from the police. There is a likelihood that he may commit another offence if released on bail.”
[5] Paragraph 5.1 states that:
“There is a likelihood that applicant may evade trial as he is facing serious crimes of robbery and rape which carry a custodial sentence in the event the accused is convicted.”
[6] The Respondent has made out a good case as to why this Court should not admit the Applicant to bail.
[7] In the circumstances bail is refused and the application is dismissed.
Q.M. MABUZA -J
JUDGE OF THE HIGH COURT
For the Accused : In person
For the Crown : Miss L. Hlophe
