‘BARNABAS SPY’ TAKES NATCOM TO COURT

MBABANE – The Ghanaian national who claims to have been a spy of the late Prime Minister (PM), Sibusiso Barnabas Dlamini, will not go down without a fight.

Chris Van Annan has now taken the national commissioner of police to court where he is among other things demanding the return of the contract he had with the former PM.

He alleged that the original copy of the purported contract between him and Dlamini, and some of his belongings, were taken by the law enforcers when they arrested him on September 18, 2018.

Van Anna also wants the High Court to direct the police to release his USD$1 950 (close to E30 000) which they also allegedly took during his arrest.
He is currently languishing in custody after he was arrested and charged with eight counts of theft under false pretence on September 28, 2018.

Released

Other items which the Ghanaian wants to be released to him include; a Samsung Galaxy S7 with its pouch, Java Transel. Van Annan claimed that he came into the country at the instance of the late PM.

According to the accused, when he arrived in the country, Dlamini made sure that he was received well and further furnished him with what was called a SADC Countries’ Pass Order which was to expire in 2021.

SADC is the Southern African Development Community.
He told the court that the items were taken from him during his arrest at his house in Fairview.
“It is my sincere desire that the above mentioned items be released back to me through my attorney, who must keep them under the custody of his law firm and remit them to me upon request,” submitted the accused.

The accused highlighted that, most importantly he needed his SADC Countries’ Pass Order which was expected to expire in 2021.
According to Van Annan, the Pass Order would clearly establish his innocence to the charge of contravening the country’s Immigration Act.
He alleged that the Pass Order reflected that he was legally in the Kingdom of Eswatini.

Van Annan submitted that the theft by false pretence charges would be dealt with accordingly by the trial court. He contended that he was innocent of those charges and would be acquitted and discharged for the reason that the Crown’s case against him was very weak.
He told the court that the reason he was seeking the release of his items was because they belonged to him and had no connection to the charges he was facing.

Van Annan averred that the items did not form part of any criminal activity and there was no reason to keep them.
“I have not seen my property since the day I was arrested. I have been advised and verily believe that the items should have also been kept at the Manzini Remand Centre where I am currently being kept,” he argued.

He said it was mind-boggling why members of the Royal Eswatini Police  Service were still keeping his items.
He averred that there was no lawful order for the seizure of his items.
“The items under the police custody do not relate to the charges I am facing, especially my money in cash in the sum of USD$1950, which I obtained as a traveller from Ghana to Eswatini. It is common cause that to travel well, one must possess reasonable amount of USD$ to be able to both purchase and travel,” contended the accused.
In his initial application for bail, Van Annan claimed that the contract between him and the former PM was to expire in 2021.
 “In terms of the contract, my assignment was to investigate the reason why there were more companies in the country yet the Kingdom of Eswatini was not developing. I was given an order to investigate every irregularity found within government and report them to his office,” alleged Van Annan.
He claimed that for this job, the late premier first paid him E500 000 cash and later E42 000 per month.
Meanwhile, Van Annan has since come out to claim that the police officer who investigated his matter was now asking out his girlfriend, Futhi Ndzimandze.
He made these allegations in the application where he is demanding the release of his items which were taken by the police during his arrest.
The Ghanaian further accused the police officer he only identified as Sibandze, of perusing the contents of his phone. According to Van Annan, Sibandze called his loved ones and close friends and incited them against him.
Relatives
 Sibandze, according to the accused (Van Annan) tells his relatives that he was a criminal and a dangerous man.
“One such person is my girlfriend Futhi Ndzimandze and I know this because she checks on me in prison every day.  She told me that Sibandze was proposing love to her and tells her that I am not a good person and she must stay away from me,” alleged Van Annan.
He informed the court that at one point, Sibandze went to the extent of calling Futhi to the police station and showed her his personal things on his cellphone and even his WhatsApp messages with other people.
He averred that Sibandze opened his private life and called people.
“This, he also did to a certain Gugu Abner, whom I know from Big Bend, telling her that I am not a good person. He threatened her with arrest should she come to check on me,” submitted Abner.
He informed the court that people were not visiting him in prison because Sibandze was threatening them with arrest.
Van Annan argued that the police officers were malicious when they called his girlfriend and Gugu.
He claimed that the law enforcers harassed his contacts on his phone with the hope that his friends would turn against him and press charges.
“This is the same method they employed on the day of my arrest and this is how the charges of theft under false pretences were made against me,” he argued.
The Royal Eswatini Police Service, which is represented by Letsiwe Magongo, is opposing Van Annan’s application to have the items released to him. 
 Magongo informed the court that there was no urgency in the matter. She said the items sought to be released might be released upon judgment in a hearing in due course without any irreparable harm to Van Annan.
The lawyer contended that the SADC permit sought to be released at his trial was not required as a matter of urgency because there was no imminence of such trial.
She submitted that the urgency was self-created by Van Annan, who was arrested on September 28, 2018 and only brought this application on December 18, 2018.
“All allegations levelled against the investigating officer on the founding affidavit as alleged to have been said by Futhi Ndzimandze and Gugu Abner, amount to inadmissible hearsay evidence for want of confirmatory affidavits,” contended the government’s attorney.
The matter is pending in court and appearing for the accused is Sifiso Yuri Ngwenya.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: