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Mario, Mphandlana clash with cops

13/01/2012 00:00:00 JABULISA DLAMINI

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MANZINI – The first day of trial for the two explosives suspects, Maxwell Thanduk’khanya Dlamini and Musa Ngubeni began yesterday amid much drama.

This was after police and political activists were engaged in a showdown after the latter were ordered out of the courtroom for being inappropriately dressed.

President of the banned People’s United Democratic Movement (PUDEMO) Mario Masuku, and political activist Mphandlana Shongwe then gave over 10 police officers a tongue-lashing at the Magistrates Court.

Masuku led over 30 political activists, who were at the trial to support Dlamini and Ngubeni. The trial was set to begin at 9am but started at noon. Both suspects were supported by their parents, friends and family members.

At around 10am, when all the supporters were seated in the gallery, senior police officers stormed in and ordered all those who were not ‘dressed properly’ to leave the courtroom.

The police, who were shouting, told the supporters who had no jackets on to get out and get dressed properly, even the women who were not wearing jackets on top of their shirts were ordered.

This did not go down well with Masuku and Shongwe. Before they gathered for a briefing outside the courtrooms, Shongwe shouted back at the officers, asking them if they had gone to the other courtrooms to order the people who were not dressed in jackets out.

"If you want to assault me, go ahead and do so. I am not bothered because you people are disrespectful. Since when do you want people seated in the gallery to be dressed in jackets when coming to court?" Shongwe asked. Outside the courtroom there was another conflict as Masuku told senior police officers off. He said the political activists had gone to the trial to support Dlamini and Ngubeni, who he said would be victorious in the end.

"We have come here to support our fellow comrades and not to fight, but if the police want to fight us we will not step back and watch. Instead we will also fight them. Do not for one minute think that being quiet is a sign of foolishness. We are here for a trial and not to make war, please respect that," Masuku said.

The police kept quiet while Masuku spoke in a raised voice. They did not respond and he left and went back to the courtroom, together with his delegation. The two suspects appeared before Senior Magistrate Joe Gumedze and were represented by Mandla Mkhwanazi.

The Magistrates Court was abuzz with the number of police officers who had guarded the place from the gates, passages and courtrooms.

Magistrate warns lawyer against raising his voice

MANZINI – The cross-examination of the detective saw the magistrate warning the explosives suspects’ lawyer not to raise his voice in the courtroom.

This drama began after Mandla Mkhwanazi wanted some specification of the time police officers arrived at the Ngubeni homestead. Clement Sihlongonyane insisted it was around 11pm but Mkhwanazi told him not to mislead the court, he wanted him to tell the court the exact time of arrival at the homestead. Mkhwanazi raised his voice and repeated his question, asking Sihlongonyane to be specific about the time. Senior Magistrate Joe Gumedze intervened and told Mkhwanazi not to raise his voice.

"Are you aware that 2300 hours is the same as 11pm?" Mkhwanazi asked Sihlongonyane, much to the amusement of the people inside the courtroom.

Sihlongonyane said he was very much aware of it.

He said it was unfortunate that he was not recording the time in his eagerness to arrest Ngubeni.

Mkhwanazi claimed that when his client arrived at his homestead, the police said they had a huge gift for him, before assaulting him. Sihlongonyane denied that.

‘They led us to forest where explosives were hidden’

MANZINI – A detective yesterday led evidence to describe how the two explosives’ suspects allegedly led them to the explosives hidden in a forest.

Almost a year after the two explosives suspects Maxwell Dlamini and Musa Ngubeni were arrested, the first day of their trial begun yesterday.

The charge sheet was read for the first time and the Principal Crown from the High Court, Sikhumbuzo Fakudze was brought to prosecute the case. Both pleaded not guilty to the two possessions of explosives charges.

The Detective Assistant Superintendent who led the police who arrested the two, Clement Sihlongonyane, was the first witness to lead evidence. He narrated how they arrested Dlamini at the Tiger City Filling Station.

"We introduced ourselves as police officers and cautioned him according to the judge’s rule.

"We then told him about the nature of the investigation and he opted to say something. He then led us to Mbikwakhe at Hezekiel Ngubeni’s homestead, Musa’s parental place, at about 11pm," Sihlongonyane said.

He said, upon arrival, Ngubeni was not in and the police had to wait for him in his sitting room, together with his younger brother. Sihlongonyane said Ngubeni ended up arriving only at 1:30am and, upon entry to the house, he screamed when he saw the police.

"He was also cautioned according to the judge’s rule; he then led us to a nearby forest in the presence of his counterpart where there were hidden plastics of explosives.

"We did not attempt to tamper with them since we had involved bomb experts from the Royal Swaziland Police when going to the crime scene," Sihlongonyane said.

Experts confirmed cables were explosives - detective

MANZINI - Detective Assistant Superintendent Clement Sihlongonyane said the bomb experts confirmed that the red, black and grey cables which were hidden in a white shoe box were indeed explosives.

He said when they asked the suspects to produce a permit or licence for the possession of the explosives, they failed to do so.

"They were then formally charged and arrested for being found in possession of the said explosives. The forensics department also sent a report to confirm that the cables were explosives," he told the court.

The explosives suspects lawyer Mandla Mkhwanazi asked Sihlongonyane why they had arrested the two on April 10, 2011.

Sihlongonyane said they were found with weapons, AK-47 rifles, and when he asked if it was specifically the two accused, Sihlongonyane said it was not them but the people who they were with.

Lawyer, detective drink from same bottle

MANZINI - Despite the raising of voices which occurred inside the courtroom, lawyer Mandla Mkhwanazi went and grabbed Assistant Superintendent Detective Clement Sihlongonyane’s bottled water and drank from it.

The detective had been offered the water by Senior Magistrate Joe Gumedze, who said he suspected he was thirsty after all the talking.

After a court orderly had brought the water, Sihlongonyane drank but a few minutes later Mkhwanazi went around and took the bottled water, gulping it down with satisfaction. People could not control themselves and laughed out loud. Even the Senior Magistrate was in stitches.

The two men are accused of contravening Section 9, as read with Section 8(1)(c), of the Explosives Act 4 of 1961. On April 13, 2011, at or near Mbikwakhe in the Manzini region, the said accused, each or both of them, acting in furtherance of a common purpose, did lawfully and intentionally possess the under listed explosives without a valid licence or permit or alternatively contravened Section 14(1) as read with 2(a) of the Arms and Ammunitions Act 24 of 1964.

The case continues today at 9am when other witnesses will be leading evidence.