SANELE May, the truck driver involved in the Field’s Hill horror crash that killed 24 people, was denied bail at the Pinetown Magistrate’s Court on Tuesday afternoon.
“The court has to weigh the equilibrium of the importance of justice and freedom. In this particular case, the applicant (May) is facing 24 counts of murder. The state is opposing the grant of bail as it believes to have a strong case against the applicant. He (May) is believed to be a flight risk, is an illegal immigrant and the state believes that his safety will be jeopardised as there is a public outcry as he is believed to be the person responsible and needs to be bought to book,” said Wendy Robinson, the magistrate presiding over the case.
She said it would be wrong for the court to allow the accused to be charged with murder and the charge may change to culpable homicide. She noted that should May be found guilty under the new charges he would not receive life imprisonment or a lengthy prison sentence.
It was noted in court that Sanele May has been an illegal immigrant in South Africa since February 2012. In notes provided to the court by investigating officer Mr Singh, it was found that May returned to his home country in Swaziland illegally on 24 October 2012.
“This is a clear indication that he moved in between the Republic of South Africa and Swaziland without going through border posts,” said Robinson.
May’s council argued that his uncle, a policeman in Swaziland, would ensure May’s return to South Africa to continue his trial should bail be granted.
“The court however must make it clear that the Swaziland embassy and the police crime manager will ensure he returns to South Africa for trial only once an extradition order has been granted,” said Robinson.
She said that May had no ties to our country, no assets and no family residing here, besides a cousin living in an informal settlement.
“He has nothing besides a criminal record above his head. His illegal travelling between South Africa and Swaziland do not count in his favour. The court also has no power over people residing in Swaziland. It is not in the interest of the state to grant him bail and bail is refused,” concluded Robinson.
The case was remanded until Wednesday 27 November.
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Sanele’s support group stands strong
THE hopes of Sanele May’s relatives, and members of his support group, were dashed when magistrate Wendy Robinson denied his bail application.
The members of the support group were initially optimistic about his bail application and said there were a few options in place regarding paying for his bail.
According to the spokesman for the support group, who did not wish to be named, May is devastated and battling in prison as he feels lost.
She said once May understood why the bail applications kept being postponed, it may in turn have a good outcome for him. “As a source of strength he has been reading the Bible and the countless letters of support. There is still a long road ahead until the end of the case and we will support him during these dark times,” said the spokesman.
