IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE CASE NO: 283/09
In the matter between: REX VERSUS
RAYMOND DAVIDI MARAKALA
Date of hearing: 23 September, 2009 Date of judgment: 23 September, 2009
Mrs. Mumcy Dlamini - Director of Public Prosecution for
the Crown
Mr. Attorney Chicken Dlamini for the Accused
EX TEMPORE JUDGMENT
MASUKU J.
[1] The accused person stands before me charged with five counts. Two of the counts relates to the contravention of section 12 (1) (a) of the Pharmacy Act. The further two counts is in relation to two contravention of section 12 (1)
(c) of the pharmacy act as amended. The last count is in relation to the contravention of section 43 (1) of the Criminal Procedure and Evidence Act number 67 of 1938. When the charges were read to the accused, he pleaded guilty thereto. His respective pleas to the respective charges were confirmed by attorney as being consolent with his instructions.
[2] Thereafter a summary of evidence was read into the record in the hearing of the accused and it was duly interpreted to him in the Ke-Swahilli language.
[3] At the end of the agreed statement of facts the accused confirmed that he understood contents of the said summary of evidence. He further confirmed that the contents thereof was an accurate and correct reflection of the events that took place on the day in question being the 31 July, 2009.
The accused further confirmed the essential ingredients of the various offences of which he had been indicted. Thereafter there are some documentary evidence that was admitted by consent.
Having regard to the accused plea of guilty, and the statement of agreed facts his acceptance of the essential ingredients of the various offences of which he was charged and the documentary exhibits admitted of the record. I am of the opinion that the accused's plea is unequivocal. I am therefore satisfied that the accused is indeed guilty of the offences to which he has so pleaded. I accordingly find the accused guilty in accordance with his respective pleas on all five counts.
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