CROWN WANTS JUDGE’S REASONS FOR RULING ON SIPHO ESCAPE CASE

MBABANE – Judge Sipho Nkosi is now obliged to as soon as possible give reasons why he found that the Crown failed to prove that murder suspect Sipho Shongwe escaped from Barberton Maximum Prison.

This is so because the appeal filed by the Crown can only kick off once the judge has forwarded a written judgment outlining how he came about his decision.

During Shongwe’s last appearance a fortnight ago, Judge Nkosi stated that full reasons for his decision would be contained in the judgment once the bail hearing had been concluded.

The murder suspect’s bail application would for now not proceed at the High Court pending the hearing and determination of the appeal by the Supreme Court.  It is common cause that the filing of an appeal automatically stays the execution of a judgment by a subordinate court.

The Crown has filed an urgent application for leave to appeal against Judge Nkosi’s ruling which can only be dealt with by the Supreme Court once Judge Nkosi has forwarded a written judgment.
The Crown wants the Supreme Court to issue an order staying the bail proceedings in the High Court pending the outcome of the urgent application for leave to appeal.

The application was filed together with the notice of appeal after Judge Nkosi found that the Crown failed to prove that murder suspect Sipho Shongwe escaped from Barberton Maximum Prison.

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