Serial offender blames judge for escape

Sharon Mathala | Thursday June 19, 2014 06:59

 

Chibiya made the startling claims before Extension II Magistrate, Joy Brown-Norman, when appearing for charges including escape from lawful custody and multiple vehicle theft charges. 

Armed soldiers surrounded the magistrate court and filled Court Number 4, at Chibiya’s appearance. The 52-year-old is alleged to have fraudulently broken out of prison in July 2012 and spent a year on the run in South Africa, from where he was extradited before appearing in court on Tuesday.

However, Chibiya stunned the court by saying Moroka was to blame for his exit from prison, claiming that when his original jail for crimes dating back to 2005 expired, the former regional magistrate neglected to prepare a committal warrant extending the sentence to include the crimes Chibiya currently faces. “At the time in 2012 I was in prison for a totally different matter. For the matter before us today, I requested a committal warrant to be sent to me in prison which never came. 

“Now the state claims I escaped when I was released. I did not keep myself in prison,” he said.

Chibiya said he was originally sentenced to 10 years for the 2005 charges which he appealed down to five, allowing him to be released on July 28, 2012. In 2005, Chibiya and four others were facing 44 counts, including motor vehicle theft.

He said while serving his original sentence, Moroka further convicted him on separate charges in 2010 which he unsuccessfully appealed in 2012.

“When I finished my sentence in July 2012, I was never furnished with a committal warrant for the new conviction and hence I was released,” Chibiya told the court.

“I even appeared at the High Court a month after my release and this cancels out the assertion that I escaped from prison.

“If indeed I had escaped, why did they not arrest me when I appeared at the High Court? I was with the same prosecutor and the police officers here in court today.”

Chibiya added: “If I indeed escaped, I would have been arrested. They are trying to protect the faults of the then regional magistrate Moroka.  “I do not keep myself in prison and I do not write the committal warrant. It has nothing to do with me. Moroka should have written and submitted it, not me.”

The suspect added that the former regional magistrate had neglected to issue the committal warrant after he was appointed to the High Court.

However, representing the State, Priscilla Israel said Chibiya had fraudulently escaped from prison and spent a year on the lam.

She said the suspect’s alleged crimes were very serious hence the tight security in the courtroom.

“There was no fault; a committal warrant was made. I will not go much into his escape because I fear it will jeopardise our case and investigations. 

“This is a very serious matter. The accused person knew he was supposed to be in prison,” she said.

According to Israel, Chibiya escaped from prison on July 28, 2012 and was arrested a year later, on August 22, 2013 in South Africa.