News / National
Magistrate slams state over rights of the accused persons
27 Aug 2017 at 06:35hrs | Views
Lupane Provincial Magistrate Ndumo Masuku took a swipe at Public Prosecutor Sanders Sibanda who was representing state during the brief appearance of Mthwakazi Republic Party president Mqondisi Moyo on Wednesday at Lupane Provincial Magistrates court.
Moyo's Lawyer, Dumisani Dube of Ncube Mathonsi law chambers, had failed to notify the court in time that he had engagements at High Court in Bulawayo leading to the state applying for the trial to proceed without Moyo's defense.
The court had adjourned twice giving the opportunity to Moyo to contact his lawyer and ask him to provide a credible reason for not attending. In the third appearance Moyo advised the court that the Public Prosecutor had refused to entertain Dube citing that he had already lodged his application to have the trial proceed without Dube.
In granting Moyo another date to appear after sorting out matters with his defense, Masuku slammed Sibanda for tramping on the rights of the accused persons and averting a fair trial.
State is it fair for the accused to stand trial without legal representation? What the court stands for is justice and observing a fair trial.
"You were wrong not to talk to Dube, you have to courteous as you are both members of this court." the magistrate said.
In his defense Sibanda accused Dube for holding the court at ransom and taking state witnesses for granted and that there were other lawyers in the same firm who could have represented Dube.
Masuku advised Sibanda that the accused has the right to a legal practitioner of his choice and also warned Dube to take his client seriously.
"'Accused did you pay your lawyer? If he was paid then his behaviour is questionable. He knows the court process and should have given you a letter at least to come and present at this court,"' Masuku said.
The matter was then adjourned to Wednesday the 30th of August. Moyo is accused of contravening Section 25(1)5 of the Public Order And Security Act- Notice of Processions, Public Demonstrations and Public Meeting.
In attendance were over 70 villagers from Mlamuli community and state witnesses who include Jotsholo Assistant Inspector Muza, Constable Musha, Chief Vusumuzi Mabhikwa Khumalo and Thamsanqa Vundla neighborhood watch and school security guard . Mr Moyo pleads not guilty.
Moyo's Lawyer, Dumisani Dube of Ncube Mathonsi law chambers, had failed to notify the court in time that he had engagements at High Court in Bulawayo leading to the state applying for the trial to proceed without Moyo's defense.
The court had adjourned twice giving the opportunity to Moyo to contact his lawyer and ask him to provide a credible reason for not attending. In the third appearance Moyo advised the court that the Public Prosecutor had refused to entertain Dube citing that he had already lodged his application to have the trial proceed without Dube.
In granting Moyo another date to appear after sorting out matters with his defense, Masuku slammed Sibanda for tramping on the rights of the accused persons and averting a fair trial.
State is it fair for the accused to stand trial without legal representation? What the court stands for is justice and observing a fair trial.
"You were wrong not to talk to Dube, you have to courteous as you are both members of this court." the magistrate said.
In his defense Sibanda accused Dube for holding the court at ransom and taking state witnesses for granted and that there were other lawyers in the same firm who could have represented Dube.
Masuku advised Sibanda that the accused has the right to a legal practitioner of his choice and also warned Dube to take his client seriously.
"'Accused did you pay your lawyer? If he was paid then his behaviour is questionable. He knows the court process and should have given you a letter at least to come and present at this court,"' Masuku said.
The matter was then adjourned to Wednesday the 30th of August. Moyo is accused of contravening Section 25(1)5 of the Public Order And Security Act- Notice of Processions, Public Demonstrations and Public Meeting.
In attendance were over 70 villagers from Mlamuli community and state witnesses who include Jotsholo Assistant Inspector Muza, Constable Musha, Chief Vusumuzi Mabhikwa Khumalo and Thamsanqa Vundla neighborhood watch and school security guard . Mr Moyo pleads not guilty.
Source - Byo24News
