SIPHO SHONGWE’S APPLICATION DISMISSED AGAIN

MBABANE – It never rains but pours for murder accused Sipho Shongwe. Yesterday, High Court Judge Nkululeko Hlophe dismissed Shongwe’s application to be provided with names and addresses of five witnesses, whose identities were concealed in the statements he has been provided with.

These witnesses are identified as A, B, C, D and E in their statements for their safety, according to the Crown.
The court dismissed Shongwe’s application as a whole. He also wanted to be permitted to interview the investigating officers, as well as the officers who were present in a meeting to broker peace between him and the late Victor Gamedze.

The court said it could permit him to interview some of the police officers.

Plausible

Regarding being provided with names and addresses of certain witnesses, Judge Hlophe said Shongwe had not made out a plausible case why he really needed the identities of the witnesses revealed, or why the information contained in the statements was not sufficient in preparation for his trial.

The judge stated that he tried his best to understand how Shongwe’s interests, let alone those of justice, would be enhanced by the disclosure of the names and addresses of the witnesses concerned.

Shongwe had informed the court that his desire to have the names and addresses revealed to him, to interview investigators and to be allowed access to their notes and diaries, was important because he claimed that from the statements provided to him, nothing linked him to the offence.

Judge Hlophe said the reality was that Shongwe had been furnished with the witnesses’ statements and the indictment which made him to understand the nature of the case he is faced with.

“It seems to me that in most instances, an accused person does not need the identity of a witness in the form of names and addresses to understand the case he is facing or even to be able to prepare for same fully.

“It should suffice if he has been given an indictment and even better still the statements of witnesses. Of course, if that is not enough then a properly motivated application has to be made. I do not think this one is,” said the judge.

Suffered

According to Judge Hlophe, based on the papers before court, he could not figure out the prejudice to be suffered or to be suffered by Shongwe.
Based on that ground, Shongwe’s application could not succeed in this matter as the interests of justice had not been shown to be jeopardised, said the judge.
On Shongwe’s submission that he wanted to interview the specific witnesses disclosed by Sikhumbuzo Fakudze, Bizzah Dlamini and Detective Simelane since he cannot find how he is linked to the murder, Judge Hlophe said it was difficult to understand what was troubling him.

“His accusers are telling him the nature and parameters of the case they have against him. Why should he worry if nothing links him to the crime as that should ordinarily be favourable to him?

“It is in my view a basis for insisting on a speedy trial. If he does not believe them, he should at least disclose the basis of his disbelief. It suffices for me to state for the record that some matters are proved through circumstantial evidence,” added the judge.  

According to Judge Hlophe, what Shongwe sought from interviewing the investigators, he could obtain by cross-examining the witnesses during trial.

Investigators

The judge said he was not convinced that a case for a fair trial includes Shongwe having access to the investigators’ diaries or notes.
Shongwe further wanted the court to order the Crown to provide him with records of calls made on certain numbers, which are contained in the statements.
The court reminded the Crown to keep its promise to make the phone records available to Shongwe as soon as they obtained them.

When the matter was heard last Tuesday, Shongwe had expressed worry that the Crown deliberately gave him statements which did not link him to the murder charge to prevent him from adequately preparing his defence.

He informed the court that the Crown furnished him with the statements of witnesses which do not connect him to the murder of Gamedze just to avoid failing to carry out its obligation to provide him with those statements.
The parties reached an agreement that the pre-trial, which was scheduled to be held on October 26, 2018, would not proceed until this application was finalised.
Shongwe said the Crown was aware that the witnesses’ statements they gave him were useless and mentioned that the State could be hiding something to surprise or ambush him during his trial.
Represented
Shongwe was represented by Sipho Mnisi, while Principal Crown Counsels Absalom Makhanya and Macebo Nxumalo appeared for the State.
The State submitted that if Shongwe’s claim that he was not linked to the murder of Gamedze was anything to go by, then he should be happy.
This was after Shongwe had submitted that the statements which he has been provided with do not link him in the murder of the businessman and football administrator.
Principal Crown Counsel Makhanya said if that was the case, the accused should be pleased with himself. He told the court that if Shongwe’s attorneys interviewed the investigators, certain issues could arise which would be dealt with during cross-examination.
Makhanya said Shongwe would get an opportunity to cross-examine the investigators during the trial. He denied that there was anything they were hiding from the accused.
Problem
According to Makhanya, the investigators stated what they did during the investigation and there was nothing they hid. He said there was no problem with interviewing officers who were not involved in the investigation.
The principal Crown Counsel further submitted that the State was entitled to conceal names of witnesses. He said they did not reveal the names of the witnesses to protect them from possible harm and intimidation by the relatives of the accused.
The Crown said it would not hand to Shongwe the police docket in respect of his case because that would prejudice the ends of justice.

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