WHY ADV MABILA WANTS OLIVEIRA SUSPECT FREED

Mbabane – Without a doubt, the most talked about criminal case at the moment is that of the allegedly kidnapped Matsapha business mogul Almor Oliveira and the fate of the trio that is suspected to be behind the businessman’s disappearance.

With one of the three Asian suspects already free after being admitted to E5 000 bail, well-known attorney Advocate Mduduzi Mabila is fighting for the release of the prime suspect – Qing Ming He – the first accused in the matter.
The accused was arrested on April 28, 2017 and subsequently charged with eight counts, including one of kidnapping, six of them involving contravening the Arms and Ammunitions Act, and one for the theft of a vehicle number plate.
While investigating officer Superintendent Clement Sihlongonyane has presented his own arguments on why Qing should not be freed, Mabila has sought to counter these.

The crux of Sihlongonyane’s evidence is on four points: By virtue of being a foreigner, the suspect is a flight risk; he would interfere with Crown witnesses; he tried to escape from lawful custody by grabbing the cell keys; and that the business community was gripped with fear and further outraged by the kidnapping of Oliveira.

Advocate Mabila, under the instruction of lawyer Ncedo Ndlangamandla, submitted before the Mbabane Magistrates Court a number of arguments, which he believes should see his client being released from jail.
Mabila has based his arguments on Section 96(1) of the Criminal Procedure and Evidence Act 67 of 1938 (as amended) which states: In any court-

(a) an accused person who is in custody in respect of an offence shall, subject to the provisions of section 95 and the Fourth and Fifth Schedules, be entitled to be released on bail at any stage preceding the accused’s conviction in respect of such offence, unless the court finds that it is in the interests of justice that the accused be detained in custody;

(b) subject to section 95, an accused who desires to be released on bail may make a written application in the form of a petition, or in any other form if the court so directs, to the appropriate court;
(c) subject to the provisions of section 95, the court referring an accused to any other court for trial or sentencing retains jurisdiction relating to the powers, functions and duties in respect of bail in terms of this Act until the accused appears in such other court for the first time and where the commitment is on a warrant issued by the High Court, it shall only be competent to apply for bail to the High Court;

(d) if the question of the possible release of the accused on bail is not raised by the accused or the prosecutor, the court shall ascertain from the accused whether the accused wishes that question to be considered by the court.

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