Just-in: #TractorShooting accused released on bail
Magistrate makes it clear it wasn't a racist act and cannot be ruled as such.
It was an intense, claustrophobic and chaotic day in Room C at the Krugersdorp Magistrate’s Court, where the man accused of shooting and killing a tractor driver on Saturday, 6 January waited for the magistrate to hear his bail application.
Advocate Deon Pool, who represented the accused, read the application to the magistrate and the jam-packed gallery. The media was denied permission to broadcast live or take photos inside the court because they had had a week to present a formal request to the magistrate between the accused’s first and second appearance, and the request they handed over just before the hearing started was insufficient.
Also read: EFF furious when Magistrate rules out racism
In his affidavit, the accused gave his account of what happened on the day of the shooting and gave all his particulars to show that it wouldn’t be a risk for him to be released on bail.
Advocate Pool stated that an accused’s bail should only be denied after taking four main factors into account – and with every factor listed, explained why his client didn’t fit the description.
He said the accused is not a flight risk, taking into consideration that the accused has lived in Krugersdorp for most of his life, has had a business in the area for more than eight years, has immovable assets, has no family outside South Africa, and has a daughter and ex-wife in the area. The accused also disclosed his permanent address and his work address.
Further, the Defence stated that the accused will not be able to influence or intimidate witnesses. The State had already taken statements from nine witnesses and the accused would not be able to change these statements even if he attempted to intimidate the witnesses.
Pool also stated that while the accused’s safety is in jeopardy, it was the accused’s own choice to be outside the holding cells during the investigation, even though his life is in danger.
Pool also pointed out that the accused is not a danger to the public. He is a former police officer, is a security officer who has sworn to protect the community, and has no pending or previous cases where he has been found guilty and should therefore not be seen as a danger to the public.
He also gave reasons why the accused should be released, among them that he has an injury to his shoulder which requires physiotherapy to heal properly and has already missed several appointments; he has a business and fears that it would have to close down if he isn’t there, jeopardising the jobs of 150 employees; he is taking care of his elderly father who is listed as one of his dependents, and he pays, and needs to continue paying, maintenance for his 17-year-old daughter.
Also read: Security officer fatally shoots tractor ‘thief’ in head
After hearing the Defence’s statements, the magistrate gave the State time to oppose. The State mentioned that the accused had not given up his passport and could use it to flee the country; furthermore, some of the State witnesses are employed by the accused who still has access to them; the accused’s life is in danger as the community had threatened him on scene after the shooting and remains angry, as evidenced by the behaviour of the members of the public gallery, and finally that the accused is in possession of multiple firearms, and has access to more, as he owns a security company.
The Defence added to the argument, saying that the accused’s release would be subject to certain conditions.
See video of the chaos inside the courtroom here:
https://www.facebook.com/krugersdorpnews/videos/1933973259965073/
The magistrate granted bail on condition that the accused hand in his passport immediately and not be allowed to leave Gauteng without discussing it with the investigating officer prior to travelling; he may not have any contact with any of the witnesses; he must hand in all his firearms and shall not handle or be in possession of any firearm belonging to the company he owns; he must appear in court when the case continues, and a warrant for his arrest will be issued if he fails to appear; and a bail fee of R10 000 must be paid before his release.
The magistrate explained to the gallery, who started clicking their tongues to show their disagreement with the accused’s release, that this incident wasn’t racially motivated. He said it was a criminal act and not an act of racism as suggested by the public.
The gallery and members of the community were visibly angry about the decision and continued to call the magistrate a racist, chanting inside the court room and yelling remarks such as “Racist bastard” and “You should be killed like your white brothers.”
The matter was postponed to Friday, 13 April.
The News will post more information about the accused’s and States’ affidavits soon. Keep an eye on our website for the article.
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