The bail application of the six accused of the murder of Department of Health official Babita Deokaran was dismissed on December 20.
Phakamani Hadebe, Zitha Radebe, Phinda Ndlovu, Sanele Mbhele, Siphiwe Mazibuko and Siphakanyiswa Dladla stand accused of murder, conspiracy to commit murder and possession of an unlicensed firearm linked to the fatal shooting of Deokaran outside of her Winchester Hills home, as well the attempted murder of Deokaran’s domestic worker.
In his judgment on the bail application, magistrate Simon Sibanyoni indicated the accused failed to show exceptional circumstances that would warrant their release on bail.
As their alleged crimes are schedule six offences, it falls on the accused to prove that there are exceptional circumstances that necessitate their release on bail.
Sibanyoni said in his judgment that the attack on the State’s case by the accused did not succeed in showing exceptional circumstances.
Whether the confessions that the accused, according to them under duress and torture, made will be permissible in court will be decided by the trial court.
Sibanyoni said this court will not make a judgment on the permissibility of the confessions. He indicated that if the conditions in prison are not to the accused’s liking, there are legal avenues they can take.
The defence reopened their case to submit a media statement by previous Minister of Health Zweli Mkhize, who stated he had no involvement with the murder.
Sibanyoni said since this statement was not made under oath, he will not take it into account.
The matter has been postponed to February 24, 2022, for further investigations to take place.
