BHEKI MAKHUBU A FLIGHT RISK - STATE

MBABANE – The Crown says incarcerated Editor of The Nation Magazine Bheki Makhubu is a flight risk.

This is contained in an affidavit filed by Senior Crown Counsel Thabo Dlamini, where the State is opposing Makhubu’s application to be admitted to bail pending appeal. He further informed the court that the Nation Magazine editor had no prospects of success on appeal.

“I submit that even the sentences meted out by the honourable court are justifiable. There are no prospects of success even on sentences,” he stated.

He submitted that Makhubu and his co-accused Thulani Maseko persisted in conducting themselves contemptuously towards Judge Mpendulo Simelane and the Judiciary as a whole.
Dlamini (Crown Counsel) contended that Makhubu and Maseko further conducted themselves in a contemptuous manner throughout the proceedings of their trial.

 “They never showed any remorse for having committed the contempt of court,” reads part of the opposing affidavit.
Dlamini alleged that Makhubu and Maseko did the following during the course of their trial: Judge Simelane ordered out a woman who was sleeping in court (Makhubu’s wife Fikile) and in spite of having a legal representative, Makhubu shouted at the judge and said, “my wife cannot sit in court because Mpendulo (Judge) cannot see? I cannot handle this anymore.”

The Crown alleged that this was but one of the contemptuous remarks made by Makhubu in this particular event.
“The applicant’s co-accused (Maseko) also made contemptuous utterances during the course of the trial when the judge told him to stand up when being addressed by the court. I prefer not to repeat same in this affidavit as they were unpalatable,” submitted the Crown counsel. He stated that Maseko and Makhubu’s lawyers also put it to one of the Crown witnesses during their trial, that the trial proceedings were a sham because their clients’ conviction and sentence had already been pre-determined.

“This was echoed by the applicant’s co-accused’s written statement in defence. Thulani Maseko is his defence read into record of proceedings a written statement, which was littered with contemptuous statements,” submitted the Crown counsel. Makhubu, who is serving a two-year jail term at Sidwashini Correctional facility for contempt of court, now wants to be admitted to bail pending appeal.
The Nation Magazine editor’s bail application will be heard by Judge Simelane today.

Makhubu was convicted with Human Rights Lawyer Maseko who, however, abandoned his move to file a bail application pending appeal.
This was after the Supreme Court had referred their bail application back to the court of first instance (High Court).
In his application, Makhubu stated that on July 25, 2014, he was sentenced to two years imprisonment without an option of a fine.
He informed the court that he was currently serving the custodial sentence at Sidwashini Correctional facility.   

“Being dissatisfied with both the conviction and sentence, I filed an appeal in the Supreme Court against both.
“I had hoped that my appeal was going to be heard in the current session of the Supreme Court but it has since been brought to my attention that when the Supreme Court roll was published, it did not appear therein,” submitted Makhubu. He alleged that he had now been informed that this was due to the fact that the transcription of the record of proceedings had not been completed.

The Nation Magazine editor further stated that this was still the position on Friday, November 14, 2014.
“I am thus left with very little, if any, hope that my appeal will be heard during this session of the Supreme Court and it is for that reason that I am left with no option but to approach this honourable court for bail pending appeal,” Makhubu stated.

He told the court that he was aware of the fact that as a convict, he was no longer entitled to the full benefit of the presumption of innocence.
Makhubu contended that he was of the view that there were enough special and exceptional circumstances in this matter to warrant his liberation on bail, pending his appeal.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: