A day with alleged drug lords on trial
Notorious men sat in the accused's dock.
MBOMBELA – The accused dock in the Nelspruit Magistrate’s Court is regularly packed with alleged drug users and dealers. Yet many do not end up behind bars – months after their arrest.
Some of the region’s most notorious men accused of drug-related crimes appeared in court recently.
Lowvelder was there when Messrs Issa Ali, Henry Onyeka Ozoemenam and a number of other accused appeared.
Drug prosecution is timeous and technical. This was explained when the challenge-riddled trials of three men continued last Friday. These challenges threaten to hamper the state’s cases.
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Mr SJ Mnisi was the first to appear on November 18.
“He was caught with R100 300 worth of dagga. With that amount in his possession, I can only infer that he had been dealing in dagga,” prosecutor Ms Marcia Mnandi said.
Yet proving this was easier said than done as receipts were not issued to corroborate the alleged worth of the illicit goods. She said he had a previous record, but it was not proved.
The magistrate, Mr MJ Ngobeni’s judgement reflected that the inference of drug dealing was not enough for a guilty plea on that charge. “I take into account that if he is dealing in drugs, he is supplying other users. And if people were not dealing, fewer would be found possessing dagga,” he said.
“Yet with what has been placed before the court, he is found guilty of possessing dagga,” Ngobeni said. He also considered Mnisi’s suspected status as a second offender, but emphasised that as this was not proven the accused would be dealt with as a first offender. Mnisi was sentenced to a fine of R21 000 or three years’ imprisonment, of which R14 000 or two years was suspended.
According to Sgt Louwie Laubscher, the next accused’s identity is a mystery as he provided the policeman with fake documents. The man, who calls himself
Mr Sharroun Mwesigwa from Tanzania, now has two drug-related cases against him.
“After being caught with heroin during his second arrest, Mwesigwa handed in proof of his asylum status,” Laubscher said. “These documents were fake,” he added. An official from home affairs will testify about the alleged invalidity of the documents on Monday. “I hope he does not get bail on Monday,” Laubscher placed on record. “Because if he does, home affairs will arrest him for being in the country illegally. Anyone who houses or helps him, should also be arrested,” he said.
The other man was Mr Issa Ali, who had been arrested repeatedly in the past year. He had been released on bail twice and arrested a third time. “The first two times, he did not have documents pertaining to his identity and residence in order,” said Laubscher. Ali’s attorney withdrew his services. He would conduct his own defence when he appeared in court again on December 9. He remained in custody while the police awaits forensic test results of the substance allegedly found in his possession.
Charges of drug possession were laid against them and Ozoemenam was charged with dealing. Ngobeni ordered that they return to court on January 10. Again, police are awaiting forensic test results without which the trial cannot continue.
According to Laubscher’ s testimony, Friday was “just another day” in the courtroom, where numerous drug offenders appear every day.
