adminMashudu Netsianda Senior Court Reporter
THE killer-brother of cross-dressing athletics cheat “Samukeliso” Sithole, Kelvin Sibanda’s application for bail pending trial was yesterday dismissed by the Bulawayo High Court. Sibanda, 24, who is accused of murdering the late athlete whose real name was Mduduzi during an alleged fight over an inheritance wardrobe, had his application for bail pending trial dismissed by Justice Martin Makonese.
In denying him bail, Justice Makonese said there was no guarantee that if given bail, Sibanda would not consider absconding due to the gravity of the charges he is facing.
“I’m mindful of the fact that there is evidence that Sithole may have been the initial aggressor but it seems that the applicant’s reaction to the aggression was totally disproportionate,” said the judge.
Justice Makonese said Sibanda did not show remorse soon after committing the alleged crime as he fled the scene.
“Sibanda fled the scene of the crime and went into hiding. On the basis of the circumstances surrounding the commission of the alleged crime and the manner in which applicant was arrested, there is no doubt that there is a possibility of him absconding in the event that bail is granted,” he said.
Justice Makonese said given the strength of the State case against Sibanda, the court was of the view that he was not a suitable candidate for bail.
“In balancing the interests of the applicant and the due administration of justice, the court is more likely to impede the proper administration of justice by admitting the applicant to bail. Accordingly, the application for bail pending trial is dismissed,” he said.
Sibanda through his lawyer Nozabelo Ndlovu of Cheda and Partners argued that his release on bail would not prejudice the due administration of the law.
“Investigations are complete and therefore there is no possibility of my client interfering with State witnesses. Sibanda has no previous cases related to violence,” said Ndlovu.
The State opposed bail arguing that there was a likelihood that Sibanda would abscond. The State further alluded to the fact that the applicant did not surrender himself to the police after committing the crime.
Sibanda is facing allegations that he fatally stabbed the former athlete with a screwdriver on the neck last month.
The State alleges that on December 10, 2014 shortly after 8PM, the two half-brothers were involved in a quarrel over a wardrobe, left behind by Sibanda’s late father.
The altercation degenerated into a fist fight, with Sibanda claiming that he was the rightful owner of the wardrobe.
Sibanda fled from his brother when he realised that he was being overpowered but Sithole gave chase.
While outside the flat, Sibanda who was now armed with a screwdriver, allegedly stabbed his brother once on the left collar bone.
Sithole fell to the ground unconscious, and Sibanda fled the scene.
Sibanda’s wife and neighbours who had vainly tried to restrain the two half-brothers, later rushed Sithole to United Bulawayo Hospitals. Sithole died on the same day while being attended to by doctors.
Sibanda who has been on the run, was arrested on December 12 at Pumula Beer Garden in Sizinda following a tip off from members of the public.
After his arrest, Sibanda led the detectives to the recovery of the murder weapon, a screwdriver, that he had hidden in his bedroom.
Online Reporter