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SIPHO CASE FILES NOW LOCKED AT POLICE STATION

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MBABANE – Under lock and key! There is now fear of potential interference in the Sipho Shongwe murder case following the break-in at the Manzini Magistrates Court last week.


As result, the court file and all other evidential material in the Shongwe murder trial, which is currently pending at the High Court, are now kept in a secure environment, under lock and key at a police station.


This has been necessitated by the break-in at the Manzini Magistrates Court last Tuesday, at night.


Extradition


During the break-in, not only Shongwe’s extradition file was stolen, but other files of pending matters were found to be also missing in the office of the Principal Magistrate, David Khumalo.
In fact, only files of criminal cases were stolen during the break-in.


Shongwe’s extradition case is still pending at the magistrates court before the principal magistrate.
The robber, who was caught on the closed-circuit television (CCTV), also known as video surveillance, took files that were related to pending criminal cases.
The file in Shongwe’s matter and all other evidential material in respect of the trial for the alleged murder of businessman Victor Gamedze, were reportedly removed for safety and security reasons.


It has also been reliably gathered that the removal of the items from the High Court to the police station was not only done for safety and security reasons, but to avoid any tampering and/or interference with the evidence in the matter.


“Following the Manzini Magistrates Court break-in, it was decided that the files and any evidential material be removed from the offices at the High Court and be placed at the police station,” said an impeccable source.


This was evident on Monday as shortly after Judge Mbutfo Mamba recused himself from the matter, the High Court IT Officer, Njabulo Malindzisa, was directed to retrieve all the proceedings of the trial which had been so far electronically captured, from the recording system and submit it to the chief justice.
The instruction was relayed to the IT officer by the High Court Head of Security, Assistant Superintendent Cecelia Ndlovu. This was reportedly done to prevent the loss or tampering with the system which contains the evidence or court record.


It is not only the court file and the evidence that have been adduced so far on which security has been made a priority.
The Crown has taken unparalleled measures to ensure the safety of the witnesses in the murder trial.


Kept


From the first day of the trial last Tuesday, the witnesses have been kept together, out of the prying eyes of those who came to witness the case as it unfolded.
On the first day of the trial, the witnesses were kept in one of the courtrooms which were not in use on the day.


When it was their turn to testify, a court orderly, who is a police officer, would go and fetch them from where they were kept and watched over by other police officers. On the second day, the witnesses were kept in another room within the court building.


During the proceedings, Principal Crown Counsel Absalom Makhanya mentioned that the witnesses were kept in a secluded room. This was when a certain witness was called and he took a long time to arrive in the courtroom.


There was also an incident when the lead investigator in the matter, Sikhumbuzo Fakudze, requested members of the media not to take pictures of the witnesses because that would potentially cause them to feel intimidated, one way or the other.
Some of the witnesses were said to be afraid to testify in the matter, citing security reasons. In Shongwe’s indictment, there were witnesses whose identities were concealed due to security reasons.


Shongwe filed an application arguing that he required to know the identities and addresses of those witnesses in order to be able to adequately prepare his defence. His application was dismissed.


The issue of security also extends to Shongwe himself each time he is produced in court. Ever since he started appearing for his bail hearing before Judge Sipho Nkosi last year, the High Court, in and out of the courthouse, has always been littered with police and Correctional officers who are armed to the teeth.


Napping


It would seem the Crown is not taking any chances and does not want to be caught napping in as far as security is concerned.
The suspect’s arrival in court is always characterised by blaring sirens sounding from a distance before the convoy of vehicles in which he is transported even appear.


As soon as the convoy enters the court premises, armed officers pour out of the vehicles with their rifles in hands, and run behind, and on the sides of the car in which Shongwe is transported.


When his case is in session, the entrance to the courtroom is manned by rifle-holding officers. His trial will resume today before Judge Nkosinathi Maseko. This follows Judge Mamba’s decision to recuse himself from the matter. 

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