2 accused in George drive-through murder granted bail
Two men accused of killing a 21-year-old man following an altercation at a Western Cape fast-food restaurant are due back in court in December.
While the family of the 21-year-old Reinbrecht Piper mourned his death at his memorial service today (October 1) , the two men accused of his murder were granted bail in the George Magistrate’s Court.
The George Herald reported that Piper, a local electrical apprentice at Terayne Electrical Maintenance, was fatally stabbed at the McDonald’s drive-through in Courtenay Street in the early hours of Sunday (September 28).
Represented by private attorneys, Justin Jafta (28) and Craig Nelson (27) were each granted bail of R1 000 with strict conditions. Their next court appearance is scheduled for December 3.
The two men are charged with murder with common purpose, a Schedule 6 offence. The state did not oppose bail.
Five men were initially arrested following the incident, but three were subsequently released. Jafta and Nelson are the only two who are currently facing charges in connection with Piper’s death.
During the bail application, both defence attorneys argued that there were no risk factors that justified keeping their clients in custody. They highlighted their clean criminal records, fixed addresses, permanent employment and family responsibilities, and submitted that exceptional circumstances existed for bail.
Nelson’s attorney told the court that his client is permanently employed and supports his grandmother, mother and siblings, some of whom are minors.
He left school in Grade 10 to support his family and has no previous convictions.
Jafta’s attorney argued that his client is not a flight risk, has a fixed address and permanent employment, and has co-operated with the police since his arrest. He also supports his elderly grandmother and is the family’s sole breadwinner.
The court heard that Jafta is a first offender and, according to his attorney, is “not building a career in criminal activity”.
His attorney argued that his personal circumstances, viewed cumulatively, amounted to exceptional circumstances.
The defence further submitted that the accused would not interfere with witnesses or the investigation and would adhere to strict bail conditions.
Both accused admitted being at the scene that night. They told the court that physical altercations took place, with each allegedly fighting one person, but denied carrying weapons.
The three men who were released allegedly provided statements against the accused. The state, however, decided not to charge them.
CCTV footage still outstanding
CCTV footage from the evening remains outstanding and was not presented during the bail application.
McDonald’s head office confirmed yesterday (September 29) that the relevant CCTV footage had been secured and remained available to the police.
McDonald’s’ impact director, Millicent Maroga, said the investigating officer was expected to collect the footage, but advised that he was unable to do so because he was out of town.
She confirmed that members of Piper’s family had visited the outlet seeking clarification and access to the footage, but were advised to liaise directly with the police.
Maroga said McDonald’s remained willing to co-operate fully with the police and provide any information or footage required as part of the investigation.
The circumstances surrounding the fatal confrontation remain under investigation.
What the bail decision means
The granting of bail does not mean that Jafta or Nelson has been found innocent, nor does it amount to a finding on whether they are guilty or not guilty of Piper’s murder. Bail is a decision about whether an accused person should remain in custody while the criminal case proceeds. The two men remain accused of murder with common purpose and will face further court proceedings. They are presumed innocent until proven guilty in a court of law.
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Read original story on www.georgeherald.com