Illicit diamond dealer to walk after court bungles?

Lebogang Mosikare | Thursday October 9, 2014 15:42

The clerk did not record evidence of a key witness in a case in which Kentse Mbo was found guilty and sentenced to seven years by Principal Magistrate, Sijabuliso Siziba last April.

Mbo has since approached the Court of Appeal (CoA)  to quash his conviction.

In arguing his case, Kesegofetse Molosiwa of Molosiwa Attorneys told the court that it would be prejudicial to his client not to appeal his conviction while some part of the case record was missing.

Molosiwa said that it was a principle of law that any deficiencies in the record of the proceedings from the junior court must be set aside, and the accused be freed because it would be prejudicial to try him while some part of evidence was missing.

Unami Mbongwe from the Directorate of Public Prosecutions (DPP) said that she was in agreement with what was said by the defence counsel.

“I agree with the defence counsel that an appeal may be upheld if some parts of the record proceedings are missing. There are some prospects of success because the record is missing,” said Mbongwe.

She told the court that she met the court clerk who was recording the proceedings when Mbo appeared at the magistrate court.

Mbongwe said that the clerk told her that she was unaware that some part of the record was missing.

Mbongwe said that she was puzzled by what may have led to the omission because the court clerk was present throughout Mbo’s trial.

Justice Professor Kholisani Solo said that he was also in agreement with the reasons advanced by the defence attorney.

Mbo was granted bail on condition that he entered into his own recognisance and binds himself with P2,000, produce two sureties who shall each bind themselves with P2,000, surrender his passport if any to Kutlwano police, report at the same police station fortnightly between working hours and attend court as and when required to do so.

Justice Solo set the matter for February 18, 2015 to see if the missing record from the magistrate will be availed, failure to which he will dismiss the matter.