Stewart’s Appeal at Supreme court doomed to fail – Crown

By Bahle Gama

The Crown says Lobamba MP Allen Stewart’s appeal at the Supreme Court is doomed to fail and it would not be in the interest of justice to release him on bail.

Prosecutor Khumbulani Mngomezulu made these submissions during arguments before Judge Zonke Magagula where he stated that it had not been shown that there is an inherent risk of the appeal being academic.

He stated that the fact that Stewart has been convicted and sentenced on its own makes it likely that he may abscond the prosecution of the appeal and the fact that he was sentenced to three years does render him a flight risk.

“It is, therefore, the Crown’s submission that it would not be in the interest of justice to grant the bail pending appeal in the circumstances. The Crown has, therefore, been able to demonstrate that there are no exceptional circumstances herein. This is fortified by the fact that the applicant has failed to demonstrate that there are triable or arguable issues in the appeal,” submitted Mngomezulu.

He further stated that Stewart has failed to demonstrate prospects of success, nor has he been able to show that there is a high possibility of his appeal being rendered academic. Mngomezulu continued that there are no triable or arguable issues in the noted appeal, this is more so because the evidence is clear that Sibusiso Matsenjwa was shot while he was running away from the applicant who had produced a firearm.

That he was shot from behind is evident from the medical report and what is of paramount importance is that there was no imminent danger requiring the applicant to produce his firearm and shoot at the victim.

“There is definitely no court that would arrive at a different finding than that of the trial court. In that result, I pray that the application is dismissed for lack of merit,” said Mngomezulu.

According to the Crown, Stewart failed to meet the requirements to be satisfied in a post-conviction bail, hence the application must accordingly fail.