Rhino poaching task force afraid as bail application continues #poachingsyndicates

WHITE RIVER – The team members investigating the alleged poaching syndicate recently exposed, fear for their lives daily.

Investigating officer Capt Leroy Bruwer testified in the rhino poaching accused’s bail applications on Friday that he had been assaulted by protesters who demanded the release of the accused. He also alleged that the prosecutor was threatened and that his own car, as well as one of the vehicles of the Hawks, was damaged.

The bail application of Joseph Nyalunga (Big Joe), Petros Sidney Mabuza (Mr Big/Mshengu), Claude Lubisi, Clyde Mnisi, Aretha Mhlanga and Rachel Qwebana started on October 8.

They were arrested on September 18 and 19. The state is opposing bail.
Phineas Lubisi was previously charged with them, but received R10 000 bail last Monday.

Bruwer took to the stand on Friday to be cross-examined by the defence. His affidavit was presented by prosecutor Molatlhwa Mashuga on Thursday. It listed various reasons why each of the applicants should not be granted bail. Firstly, it was pointed out that rhino poaching was no longer only an environmental matter, but also a matter for state security.

“It is part of the constitutional responsibility to protect endangered species,” Bruwer’s statement read.

According to Bruwer, Nyalunga has no respect for the judicial system and he has previous offences related to poaching as well as trading in endangered fauna species. He alleged that Nyalunga had dealings with the other accused in the case while on bail and that he also has an outstanding SARS obligation to the value of R21 million.
“He is a man of considerable means and can afford to forfeit bail,” Bruwer said and added that it is highly likely that he will commit a similar offence again.

Nyalunga’s legal representative, Hendrik Potgieter, denied all of this when reading Nyalunga’s affidavit earlier on Thursday.

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In this affidavit, as part of his bail application, Nyalunga said he and his partner have four children for which they provide together and that he cannot do so when he is in custody.

He alleged that one of Lowvelder’s previous articles led to his partner and children being attacked at their home, as the newspaper alleged that the Hawks confiscated money and items worth millions of rand when he was arrested. According to Nyalungu, criminals who want to steal this money are now threatening his family and while he is in custody he cannot protect them.

“My employees will be affected and so will my children,” Nyalunga said. He said when he was arrested the police forced him and his family members to lie down on the ground and they were very brutal, and that his children are now severely traumatised.

The affidavit also went on to state claims about Nyulunga’s health not being a problem are also not true and that he suffers from hypertension that poses the risk of a stroke.

ALSO READ: POACHING SYNDICATES: Big Joe and Mr Big’s run-ins with the law

Bruwer then moved on to his case against Mabuza, who attended the court proceedings in a wheelchair due a car accident a few years ago. He said Mabuza only made use of the wheelchair to get sympathy from the court.

After he was granted bail on similar charges earlier this year, he was reportedly seen on video at a huge party without a wheelchair or crutches. Mabuza’s legal representative labelled this allegation hearsay during cross-examination on Friday.

Bruwer explained that Mabuza was a buyer and seller of horns, although he did not get his hands dirty himself. He also said Mabuza’s properties, among which are the so-called Mshengu flats, were used for these illegal dealings.

On Friday Bruwer alleged that Mhlanga was a flight risk due to her many visits across the border and that Qwebana had extremely violent tendencies. A dispute over a previous conviction against Mnisi also arose.

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Bruwer placed it on record that Lubisi has lied to the police before. The address he gave to the police after he was previously granted bail was incorrect. According to Bruwer, those who seemed to be the real owners of the home claim to have never seen him before in their lives.

The application continued yesterday when one of the defence attorney, Vusi Segodi, cross-examined Bruwer. Segodi emphasized that not all the points in Bruwer affidavit is applicable to all of the accused, while Bruwer in tern explained that it is part of the standard affidavit format.

There was also an argument over a piece of land. Bruwer claimed that the warning statements of Mabuza and Mnisi were contradicting as both claimed they owned the land.

Segodi handed in a statement yesterday that he claimed proves otherwise.