Times Of Swaziland: STATE ABANDONS HUNTER  RAPE CASE AFTER 3 YEARS

STATE ABANDONS HUNTER  RAPE CASE AFTER 3 YEARS
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 BY SIBUSISO SHANGE on 14/09/2018 03:31:00


MBABANE – The State has abandoned prosecution in the rape matter against
well-known private Investigator Hunter Shongwe.
This comes after the Mbabane Principal Magistrate Fikile Nhlabatsi dismissed the
application by the Crown to declare the minor child as a hostile witness.
The State moved the application after the minor told the court under oath her
father never raped her as alleged in the charge sheet.
The minor’s evidence left the Crown with the impression that she was changing
the facts as her testimony was allegedly contrary to what she said during the
interview.
As a result, the Crown moved the application to have the child declared a
hostile witness. However, the defence counsel from Robinson Betrams objected to
the application.
The judicial officer postponed the matter. She stated that she wanted to do a
thorough research about a hostile witness.
When the matter resumed yesterday, Magistrate Nhlabatsi dismissed the Crown’s
application. The judicial officer further advised the Crown to abandon
prosecution as the minor was the complainant in the matter.
Shongwe was charged with the offence three years after the matter was reported
to the police. He spent some time in custody after he was denied bail during his
first appearance.
A doctor’s report which was presented in court as part of evidence reflected
that it was compiled eight months after the matter was reported to the police.
The report confirmed that the minor was sexually active; however, it was not
linked to Shongwe.
The matter was postponed to November 15, 2018 for the continuation of the other
charges which included the contravening of the Immigration Act.