Mkhuhlu Magistrate’s Court grants R20 000 bail to the controversial Big Joe
Quoting his track record during her bail application judgment, the magistrate pointed to the fact that Nyalungu had always attended court in all the other cases he was facing.
The Mkhuhlu Magistrate’s Court granted the controversial Joseph ‘Big Joe’ Nyalungu bail of R20 000 today, November 1.
His bail conditions are that he surrender his passport to the investigating officer, that he report to the Calcutta Police Station on Mondays and Fridays between 08:00 and 20:00, and that he is not allowed to communicate with any witnesses.
Nyalungu was arrested on October 15 when the police’s National Intervention Unit and the Hawks raided his workshop in Mkhuhlu and found illegal explosives, which included two sticks of dynamite, two detonators and two chords, as well as three rounds of 458 rifle ammunition.
These were some of the explosives that are popular for ATM bombings and cash-in-transit heists.
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His bail application was first heard on October 18 and was postponed to October 30 for the judgment to be delivered. However, the presiding officer failed to be present due to other important commitments at the Mapulaneng Magistrate’s Court that day. Another magistrate had to postpone the matter to today and assured Nyalungu there would be no more delays, and that the bail judgment would definitely be delivered.
During the judgment today, the magistrate read for the record the evidence that Nyalungu had presented to court through his attorney, Bheki Shilubane, in which it was stated that Nyalungu was facing several other cases, most of which were related to the contravention of certain acts pertaining to the environment and money laundering.
The Hawks’ investigating officer who opposed bail presented the court with a sketchy summary of the cases that the accused faced,” said the magistrate. “The investigating officer was not prepared and did not present the facts expected of him.
He confirmed that Nyalungu was facing charges in several courts, including the Mbombela High Court, Nelspruit Regional Court, Hazyview Magistrate’s Court, Skukuza Regional Court and Hoedspruit, among others.
“The Hawks’ investigating officer who opposed bail presented the court with a sketchy summary of the cases that the accused faced,” said the magistrate. “The investigating officer was not prepared and did not present the facts expected of him.”
She was referring to the evidence presented by the Hawks’ Captain Elias Mlotshwa, who was opposing the bail application.
Such dangerous explosives were said to have been found outside the building. That’s exactly what draws the attention of the court to the case to show the State already has a weak case against the accused,” said the magistrate.
The magistrate pointed out that she took into consideration that Nyalungu had attended all his pending court cases without excuse, even when he was sick.
She said he had also pointed out that the premises on which the explosives were allegedly found was not fenced. Nyalungu had told the court that many people, including his workers, frequently went on and off the grounds.
“Such dangerous explosives were said to have been found outside the building. That’s exactly what draws the attention of the court to the case to show the State already has a weak case against the accused,” said the magistrate.
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She pointed out that this was not yet the trial and anyone was innocent until proven otherwise by a court of law.
The magistrate pointed out that Nyalungu had even mentioned exceptional circumstances, even though he had not been asked to do so.
She said the State had failed to prove beyond the balance of probabilities that Nyalungu might commit other offences if he were released on bail.
She said Nyalungu had promised the court that he would not interfere with or influence the witnesses, whom he believed would be Hawks members, and that he had said the community would not become unruly if he was granted bail.
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She said the court considered his health issues, which include hypertension, a left eye allegedly damaged by the cops when they beat him up during his arrest in 2012, and others.
The magistrate also mentioned that Nyalungu was a first offender because his previous conviction of 1999, of contravening environmental laws, was not counted since it was over 10 years old.
She concluded that Nyalungu’s release on bail would be in the interest of justice.
Nyalungu’s attorney, Bheki Shilubane, later told this publication that he was very excited that the magistrate had delivered a judgment in favour of his client.
Meanwhile, Nyalungu had briefly appeared in the Hoedspruit Magistrate’s Court in Limpopo yesterday on charges that include money laundering and others.
A few of these charges were said to have been provisionally withdrawn.
