A mother-of-two jailed more than five years ago for murder was expected to walk out of prison after producing evidence she claims points to her innocence.
|||Durban - A woman jailed more than five years ago for the murder of her husband was expected to walk out of Westville Prison on Monday after producing evidence she claims points to her innocence.
Philisiwe Dlamini, 42, was granted bail of R10 000 by the Eshowe Regional Court on Friday. She must now await a high court trial date as she has been granted permission to present further evidence.
If she fails in her bid to have her conviction overturned, her bail will be revoked and she will have to return to jail.
Earlier last week, her legal counsel had presented a ballistics report that had not been revealed at her trial.
The report from the Forensic Science Laboratory in Pretoria shows that primer residue (used to determine who fired a gun) was found on her husband’s right hand while none was found on Dlamini’s hands.
Dlamini had claimed from the outset that her husband, Thamisanqa Gumede, had shot himself in January 2008. She was arrested a day later.
The Eshowe Regional Court found her guilty of murder in 2009 and sentenced her to 20 years in jail.
Last Friday the same court conceded that if it had seen the ballistics report during her trial, it might have reached a different verdict.
Magistrate ME Xolo, who had originally sentenced Dlamini, also heard the latest bail application. Xolo said Dlamini had been convicted on “strong circumstantial evidence” that included the eyewitness testimony of a neighbour.
He said the court accepted the authenticity of the ballistics report but the new evidence, and her bid to overturn her conviction, would have to be considered by another court.
On late Tuesday afternoon, the magistrate heard the bail application and had argued with Dlamini’s lawyer about admitting this evidence for the bail application. Xolo felt felt it should have been reserved for argument at the high court trial.
The magistrate accepted this evidence and adjourned until Friday to read the trial transcripts and to make a decision.
Soon after being granted bail, Dlamini was ushered away by correctional services staff to a waiting van. At Westville Prison they were not able to process the paperwork in time to release her before the weekend.
Dlamini’s daughter, Cebesile, now 23, had just matriculated when her mother was arrested. She suddenly became the breadwinner and head of the household, caring for her two-year-old son as well as her younger brother, Malibongwe, then 13 years old.
On Friday, she said: “My life will change today.”
The expense of travelling to Westville Prison from Ulundi, where she works for a retailer, prevented regular visits, but she spoke to her mother on the phone at least once a week.
With her uncle, Vika, she worked on her mother’s campaign to prove her innocence, helping with correspondence, faxing and paying legal bills.
“My mother only cares about the truth about the killing of my father. She always told me to pray for the truth to come out. She’d say: ‘Cebi, please pray for the truth, please pray for my dignity.’”
Her mother never complained about prison conditions, but said the loss of liberty deeply affected her.
“She felt she was like a dog chained up. ‘It’s not a place for a human being, especially if you didn’t do any crime,’ my mother said.”
Vika Dlamini, who has appeared at court for every hearing carrying the thick file of correspondence and legal documents during his sister’s imprisonment, said the process of healing was now the family’s priority.
A spokeswoman for the Gumede family, Amanda Gumede, said: “We are very happy that she has been given bail. Our granny would be very happy if she would cook for the family,” she said (a reference to a Zulu tradition for the bereaved, which Dlamini could not perform because she had been arrested).
The Justice for Prisoners and Detainees Trust had been helping Dlamini with her case. Director Derrick Mduli voiced his satisfaction with the bail application outcome.
Daily News