More prison time for ex-fugitive serial offender

Sharon Mathala | Tuesday July 29, 2014 12:56

Yesterday, Extension II Magistrate, Joy Brown-Norman, dismissed Chibiya’s argument that his stay out of prison was due to former regional magistrate, Lot Moroka’s failure to prepare a committal warrant.

Brown-Norman ruled that the high profile fugitive should have known that he was not supposed to be free from prison as he had a pending prison term he was due to serve.

“The fugitive knew that his appeal was not heard on the day of liberation. He knew he was supposed to be in prison,” she said.

In his previous appearances, the court established that Chibiya was originally sentenced to 10 years for 2005 charges involving 44 counts of motor vehicle theft. The sentence was reduced to five years on appeal and he was due for release on July 28, 2012.

While serving that sentence, Moroka further convicted Chibiya on separate charges in 2010 which the convict unsuccessfully appealed in 2012.

He was, however, released in July 2012 and in his recent appearance, claimed he was not served with a committal warrant.

Appearing yesterday under heavy escort yet again, Chibiya was informed that only the time he spent in a South African jail awaiting extradition would be excluded from his pending sentence.

In prior appearances, Chibiya shocked the Magistrate Court by bluntly saying Moroka was to blame for his flight to freedom.

“When I finished my sentence in July 2012, I was never furnished with a committal warrant for the new conviction 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.”