Apartheid-era officers to spend Christmas in jail as bail judgment reserved
The judgment will be emailed to the legal teams in January.
A somber mood filled the courtroom on December 11 as the two former apartheid-era police officers were escorted to the holding cells, facing the reality that they will spend Christmas in prison.
Their bail application judgment was reserved, leaving their families visibly disappointed, with some breaking down in court.
The bail application judgment of former sergeants Abraham Engelbrecht (61) and Pieter Stander (60), who were convicted on December 2 by Judge Mohammed Ismail of the Gauteng High Court for the 1987 murder of Caiphus Nyoka, was expected on December 11, however, the matter was postponed.
Ismail informed both the defence and the State that he still needed time to prepare the judgment. Once complete, it will be sent to the legal teams via email.
Earlier, he asked counsel to indicate whether they preferred an ex tempore ruling or a reserved judgment. Defence attorneys deferred to the court’s discretion, while State Prosecutor Daniel Mogotsi requested a written judgment.
@benonicitytimes Judgment has been reserved in the bail application of the two apartheid officers, Abraham Engelbrecht and Pieter Stander, convicted of the 1987 murder of Caiphus Nyoka. They are set to learn their fate in January next year.
During the bail application, the defence argued that both Engelbrecht and Stander were not flight risks and should be released pending sentencing. Engelbrecht’s attorney urged the court to consider each applicant’s personal circumstances, adding that the men had complied with all court orders throughout the lengthy trial.
The defence also submitted that both men are sole breadwinners supporting their families and are suffering from various health conditions.
The State, however, strongly opposed the application. Mogotsi argued that the two men had already been found guilty of murder and thus could no longer rely on the presumption of innocence. He raised particular concern about Stander, noting that his work in countries such as Iraq and Afghanistan suggested the possibility of foreign ties.
“We are not sure whether he holds citizenship in those countries. He has not been honest with the court,” Mogotsi said.
Ismail questioned the broader implications of granting bail to convicted murderers.
“If the accused leave the country, what impression would that leave for ordinary citizens of South Africa, that you can commit murder, be found guilty, and still be entitled to bail? It’s a fact I must consider,” he said.
The matter has been postponed to July 20 and 24, for sentencing proceedings.
Also Read: Caiphus Nyoka murder trial: Apartheid cops plead not guilty
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