THE HIGH COURT OF SWAZILAND
AT MBABANE CRIM. T. NO. 21/95
the matter between:
THE CROWN: L. NGARUA
THE DEFENDANT: IN PERSONS
two accused are charged with the crime of robbery in that they robbed
Patrick Mokoena on the 22nd July, 1994. They took wages which
amounted to E22,665.000. They came with a knife and one of them was
holding something covered with a cloth. They were wearing tattered
clothes. They told all the people who were in the office to lie down.
They then took the wages. They also dismantled the receivers of the
radio links. An alarm was raised. The Security came with dogs and
they showed them where the thieves went. Motsa found in the sugar
cane a bag with two pair of shoes, one black, one brown and a cap.
The investigation went on until accused no.1 was arrested in the
morning hours of the following day.
Maziya was called and he identified one of the pair of shoes as
belonging to accused no. 1. The cap also belonged to accused no. 1.
Thomas worked with accused no. 1. This was also confirmed by Nxumalo.
Siphiwe identified the articles and she also gave evidence as to when
no. 1 was arrested.
also identified the pair of shoes as belonging to accused no. 2. Evar
also identified the items as belonging to accused no. 1. She
positively identified most of the items and also said she could
recognise the cap because she used to wash it for accused no. 1. As
to the identity of the items, the court is satisfied that the shoes
belonged to accused no. 2, and that the other pair belonged to
accused no. 1. Some of the items belonged to accused no. 1 and the
bag was positively identified by Zanele as belonging to no. 2.
Detective Sub-inspector Dlamini was taken by accused no. 1 and he led
him to where he found the rest of the items i.e. the overcoat, and
some of the torn clothes which were worn by the robbers. But no. 1 is
denying that he took sub-inspector to where these things were hidden
in the sugar-cane. Both accused are saying that they were taken by
the police to be shown where the police found the items. 1 prefer the
police evidence as to that of the accused.
Matsenjwa told the court that he went with the accused who led him to
Mafucula. At a certain mountain accused no. 2 showed him the money
where it was hidden. He took the money and counted it. It was wrapped
in a pyjama. It was put in salary envelopes written the names of the
employees. This is the money which was taken during the robbery. The
money amounted to E21.801.50. He took the money as an exhibit. This
is also confirmed by Detective Sergeant Magagula.
accused gave evidence denying everything which has been said by the
crown witnesses. They denied all what the police said and their
girlfriends. They say that the money was produced by the police from
the police van. They went to Mafucula because the police wanted to
show their relatives the money.
is no reason why the police would have worried themselves to go and
show their relatives the money. Their evidence is against the clear
evidence led by the crown. I have no hesitation in finding the two
accused guilty of the robbery.