HOW DID ACCUSED SUSTAIN INJURY? - JUDGE

MBABANE – “How did the accused sustain an injury if you allege that there was no fight between him and the deceased?”

This was the question which Judge Mumcy Dlamini said boggles her mind in the bail hearing of Mbabane socialite Nelisa Sibusiso Hlatshwako.

Hlatshwako stands charged with the murder of Principal Crown Counsel Stanley Dlamini.
Judge Dlamini said from the reading of the affidavit, she got the impression that Stanley never fought back while there was evidence that was attested to by the police that the accused was also injured.

“If you say I must decline bail you must read your affidavit thoroughly.  How did he sustain the injury that is being admitted by the police?” wondered Judge Dlamini.

She wondered whether this supported the accused’s version that there was a fight between him and Stanley.   In his founding affidavit, Hlatshwako alleged that he was attacked by Stanley.

“The police officer says at all material times the accused was assaulting the applicant, then one wonders how did he (accused) sustained injuries as admitted by  police officer Mavuso in his founding affidavit,” said the judge.

The Crown admitted that there was contact between Stanley and the accused during the scuffle.
In his application, Hlatswako denied the assertion by the Crown that he was the instigator of the fight between him and Stanley.  He argued that he had no reason to instigate a fight against Stanley, who was known to him.

“I reiterate that I intervened when I found the deceased assaulting Menzi Gauzen Gama and when I tried to calm the deceased he attacked me,” alleged Hlatshwako.
According to the accused, when Stanley attacked him, he was carrying a beer bottle in his hand which he put down and allegedly began assaulting him

Hlatshwako informed the court that the witnesses who were present when the fight broke out could attest to that.
He claimed that Gauzen was also assaulted by Stanley as he had blood coming out of his mouth.
“I vehemently deny that at any point I hit the deceased with fist and kicks. At all material times, I was blocking the deceased’s fists,” contended the accused.

He said he never touched Stanley with his own hands.
The accused argued that if there were any injuries that were sustained by Stanley, he might have sustained them as a result of a fall onto the concrete driveway.

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