Bail denied for former apartheid-era police officers

The bail applications of former police sergeants Abraham Engelbrecht (61) and Pieter Stander (60), who were convicted last year for the 1987 murder of Caiphus Nyoka, have been denied.

The men were found guilty on December 2 by Gauteng High Court Judge Mohammed Ismail after the court found that the accused had acted in common purpose when they killed the young student activist during the apartheid era.

Engelbrecht and Stander applied for bail pending sentencing.

Judgment on their bail application was handed down electronically by circulation and forwarded to the parties’ legal representatives via email on December 24.
The decision follows a tense court appearance on December 11, when judgment on their bail application was reserved.

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Family members of the accused were left visibly distraught, with some breaking down in court after proceedings were adjourned.

Their legal representatives argued that the men were not flight risks, were the sole breadwinners for their families and were suffering from various health conditions.

The defence submitted that these factors justified their release until sentencing.

Judge Ismail dismissed the application, stating that while the court was duty bound to consider submissions from both parties, it had to be satisfied that the onus had been discharged on a balance of probabilities.

“The court should not merely rubber-stamp the view of one or other party. It should apply its mind judiciously in determining whether bail ought or ought not to be granted,” Ismail said in his judgment.

He noted that he had carefully weighed the rights of the applicants against the interests of society and the administration of justice.

“I have given this matter serious thought, and I have to consider the rights of the applicants to be released after conviction, and the possibility of them fleeing in conjunction with the interests of society and the administration of justice. I am of the considered view that, in light of the convictions and the possible sentences which might be imposed, it would not be in the interest of justice to grant bail,” said Ismail.

As a result, Engelbrecht and Stander will remain in custody.

Sentencing proceedings for the two former officers have been scheduled for July 20 and 24 at the Pretoria High Court, sitting in Benoni.

Also Read: Justice served, but truth still missing – says Nyoka sister