SWS reaction officer Jan Cameron’s murder: Judgment reserved in bail application of accused

Judgment has been reserved in the bail application of a 24-year-old suspect charged in connection with the fatal shooting of Jan Cameron (49), a Spot Watch Security (SWS) reaction officer, in Bartlett on November 6.

Meshack Gwindingwe (24) made another appearance in the Boksburg Magistrate’s Court alongside his co-accused, Simphiwe Fuga Mthombeni (33), on December 29, where closing arguments in his bail application were heard.

Cameron was shot and killed in the early hours of November 6 while responding to a reported business robbery in Middle Road.

Also Read: Memorial drive to honour fallen SWS reaction officer Jan Cameron

Mthombeni has not applied for bail but Gwindingwe applied for bail under Schedule 6 of the Criminal Procedure Act.

Addressing the court, Prosecutor Kagiso Ralethata confirmed that the matter falls under section 60 (11) (a) of the Criminal Procedure Act, placing an onus on the applicant to prove the existence of exceptional circumstances permitting release on bail.

The prosecutor said the basis of Gwindingwe’s application was that the State’s case against him is weak.

In his bail application, Gwindingwe claimed he was not linked to the crime, stating that he was arrested while walking in the street and was not pointed out during an identity parade held days later.

However, the State argued that evidence led by the investigating officer showed that a witness independently recognised and pointed out the accused shortly after the incident when he was brought to the scene to be handed over to police.

The prosecutor submitted that the pointing out was not tainted, occurred within hours of the robbery and murder, and took place while the events were still fresh in the witness’s memory.

The court heard that Gwindingwe was arrested after he was found in reeds at a dam near the N12, and that items stolen during the robbery and a firearm magazine but no firearm were recovered in the same area on the day of the shooting incident and positively identified by the victims.

Ralethata told the court that Gwindingwe, who stated in his affidavit that he resides in Thembisa and works in the Randburg area, failed to establish ties to the court’s jurisdiction and did not adequately explain his presence in the area at the time of the incident. He further argued that the accused did not dispute the manner, location or timing of his arrest.

The State also addressed defence arguments relating to the absence of an allegation of common purpose on the charge sheet, submitting that this issue is relevant at trial stage and not determinative in a bail application, particularly while investigations are ongoing.

Citing established case law, the prosecutor argued that an applicant alleging a weak State case must demonstrate that the case is exceptionally weak and that there are reasonable prospects of acquittal.

He submitted that Gwindingwe failed to present independent evidence of innocence.

The court further heard that Gwindingwe is a Zimbabwean national who entered South Africa on a visitor’s permit, which has since expired.

The State argued that he failed to show an intention to remain in the country lawfully and had not established sufficient ties to mitigate the risk of absconding, particularly given the seriousness of the charges and the possibility of lengthy sentences.

In closing, Ralethata submitted that Gwindingwe had failed to discharge the onus required and that bail should be refused.

Also Read: Security officer shot and killed in line of duty

Defence counsel Advocate Elias Tshole argued that the evidence against his client was weak and that exceptional circumstances had been shown, submitting that Gwindingwe should be released on bail pending trial.

The matter was postponed to January 7.