NO PROOF SIPHO ESCAPED FROM SA PRISON - JUDGE

MBABANE – One could hear a pin drop inside the courtroom as Judge Sipho Nkosi yesterday pronounced that the State had failed to prove that murder suspect Sipho Shongwe escaped from Barberton Maximum Prison.

After a long wait for the ruling, the Crown was left shocked while Shongwe’s supporters and his legal representative sighed in relief as this meant that the aspect of the suspect’s release from South African prison falls away. It took the judge, who was not in his usually jolly self, less than five minutes to issue the ruling.

There were varying reactions from the audience as Matsapha United Football Club supporters were all smiles while Mbabane Swallows fans were in a sombre mood after the judge had made the ruling.
Judge Nkosi’s ruling means that the Crown should seek for another ground to cement its claim that Shongwe is a flight risk. Shongwe is alleged to have killed businessman and soccer administrator, Victor Gamedze.
The judge said the Crown, which is represented by Principal Crown Counsel, Absalom Makhanya, failed to prove the allegations that Shongwe presented fraudulent documents when he was released from Barberton Maximum Prison on March 25, 2008.

Shongwe was serving two life sentences in the prison and he alleged that he was advised that he was being released on parole, notwithstanding that he did not appear before a Parole Board.

Balance

“Very short, brief and to the point, the ruling of the court in respect of the matter regarding whether or not the accused (Shongwe) did or was released from Barberton Maximum Prison fraudulently. The court finds that on a balance, the State has failed to prove any of the allegations, which were made with regard to the applicant having fraudulently escaped from the said prison,” said the judge.
Judge Nkosi stated that the full ruling would follow the application for bail, which was to be tackled yesterday.

However, the merits of the bail application could not be proceeded with because Advocate Jansen Van Vuuren, who has been instructed by lawyer Sipho Mnisi of SM Attorneys, was not present in court.
The ruling of the court came after a series of postponements of the matter much to the disappointment of the people who religiously attended the hearing. 

Due to the numerous postponements, the numbers of the people attending the matter began to dwindle since the outcome, which they so anticipated, was taking long to be pronounced.
Judge Nkosi had stated that when he made his ruling as to the manner Shongwe was released from prison and found that he had a hand in the production of fraudulent documents for his release, the court would not grant him bail.

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