CORRECTIONAL OFFICERS FAIL TO BRING SHONGWE TO COURT

MBABANE – It’s a rigmarole! This is the best phrase to describe what is happening in the matter of murder suspect Sipho Shongwe.

Despite that there was a warrant of production; officers from His Majesty’s Correctional Services did not bring Shongwe to court yesterday.
A production warrant can be issued to require attendance of a prisoner.

Shongwe’s lawyer Lucky Howe yesterday informed Judge Sipho Nkosi that the production warrant was served to officers at the Matsapha Correctional Facility by Deputy Sheriff Wiseman Dlamini on Sunday.
The officers, according to Howe, accepted the order but declined to sign as confirmation that they received it. He alleged that they also stated that the order was not directed to them.

Registrar

He alleged that the court order directing Shongwe’s production was signed on Sunday and attempts to serve it to the Registrar of the High Court yesterday proved to be an impossible mission as she was reported to be out of office.
“Our understanding is that Shongwe should be here as there is a court order to that effect,” argued Howe.

The lawyer asked that the registrar be called to explain to the court why she was failing to bring the accused to court as there was a court order.
Judge Nkosi had scheduled to give his reasons for making the finding that the Crown failed to prove that Shongwe, who has been charged with the murder of Victor Gamedze, was fraudulently released from Barberton Maximum Prison.

The judge said he had written the findings and was ready to deliver them.
He said he had been pressurised to issue the findings, which were demanded by the Crown for the purpose of pursuing an appeal of the ruling, but could not do so in Shongwe’s absence. Shongwe’s legal representative, Howe, said that was a mystery and explained that there was difficulty regarding the production of Shongwe to court during his matters.

Ill
Last Friday, Judge Nkosi said he was informed by the registrar of the court that she had been in touch with Shongwe’s attorneys and was told the accused would not be present in court. The judge stated that he enquired if Shongwe was ill but got no response.
Judge Nkosi said he passed a message through the registrar for the attorneys to ensure that Shongwe was present for the matter yesterday. Howe told the court that he received the message and the suspect’s other attorney, Sipho Mnisi, made a request for the production warrant to be issued.

Howe alleged that the registrar confirmed receiving the request but informed them that it would be difficult to have Shongwe produced in court.
According to Howe, the registrar allegedly said there had been an instruction from Chief Justice Bheki Maphalala to the effect that it would not be necessary to have Shongwe brought to court and that no courtroom would be allocated for the matter.

 Judge Nkosi asked for confirmation if the alleged instruction came from the chief justice and Howe said that was what they had been informed.

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