Charges related to an alleged precious stones heist in 2023 have been dropped for one of the three accused.
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The state has withdrawn all charges against one of the three persons accused of participating in an authorised raid in Killarney in 2023.
Etienne van der Walt was released on Thursday after the court confirmed the charges against him had been dropped.
Van de Walt’s legal representative confirmed to the court that successful representations made to the director of public prosecutions had facilitated the withdrawal of the charges.
He was joined in the dock of the Johannesburg Magistrate’s Court by co-accused Adrian MacKenzie and Kersha-Leigh Stols for their schedule six bail application.
The prosecutor notified the court that the state had reversed its decision to oppose bail.
“On the last occasion we did indicate that we were going to oppose bail, but the interactions between the investigating team and the applicant was so fruitful, therefore that made us to not be opposing it today,” the prosecutor told the court.
A bail amount of R5 000 was granted with three conditions; the handing over of the accused’s passports, no interactions with witnesses and weekly reports to Nigel police station.
The matter was postponed to 25 August for further investigation.
Pair confirms raid occured
Both MacKenzie and Stols stated their intention to plead not guilty to charges related to the Killarney raid.
It is alleged that they acted illegally when searching and seizing six boxes of sugilite and manganese stones worth almost R150 million.
In their affidavits read to court, both relayed the alleged circumstances of the raid and the involvement of suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi.
MacKenzie and Stols – both EMPD officers – state that in February 2023, the pair were together, when Stols received a call from Mkhwanazi instructing them to meet him at a fast-food outlet in Alberton.
There, they met Mkhwanazi and Witness K – an officer with the Johannesburg Metropolitan Police Department (JMPD) – who informed the two EMPD officers that a suspect was illegally in possession of precious stones at an apartment in Killarney.
They were told to retrieve the stones and before doing so, allegedly went to a police station in Ekurhuleni to complete an Occurrence Book (OB) entry – a requirement when working outside their jurisdiction.
After carrying out the raid, Mkhwanazi allegedly instructed MacKenzie and Stols to meet him back at the same Alberton fast-food outlet.
Again, they met with Witness K, who allegedly took possession of the stones from the EMPD officers under the guise that Killarney was under JMPD jurisdiction.
“I pause to note that, on the basis that Mkhwanazi is or was our superior, no questions could be harboured or asked and as such we proceeded in executing his instructions,” MacKenzie’s affidavit read.
