Durban bombings matter struck off court roll
The court declined the state's application for a postponement to allow for further investigations, citing unreasonable delays because the matter has been on the roll for almost two years.
The scene after an attack on a mosque in Verulam, KZN, 10 May 2018. Pictures – Reaction unit via Twitter
The Verulam Magistrate’s Court on Monday struck off the roll the case against the men accused of the 2018 bomb attacks in KwaZulu-Natal.
Farhaad Hoomer and his 11 co-accused are alleged to have planted explosive devices across Durban in early 2018 as well as attacking the Imam Hussain Shia mosque near Verulam in May that year.
An incendiary device was retrieved from the mosque following the fatal attack.
The National Prosecuting Authority (NPA) in KwaZulu-Natal said the state on Monday had applied for a postponement for further investigations “as there are several outstanding aspects” that need to be investigated.
The spokesperson of the NPA in the province, Natasha Kara said: “This includes voluminous downloads and cell phone analysis.”
Kara said when the accused were arrested, a large number of cellphones were recovered “which has resulted in the extensive investigation”.
She said the state had argued for a postponement “in order to finalise the investigation”.
“A trial could not proceed without this investigation being completed as a matter of this nature requires extensive investigation.
“The prosecutor has a duty to ensure that all necessary evidence required to prove a case beyond a reasonable doubt must be obtained before setting the matter for trial.
“There have been numerous engagements between the investigators and prosecution in this matter,” Kara said.
The state’s application was, however, declined by senior Magistrate Irfaan Khalil, who struck the matter off the court roll, Kara said.
Khalil cited “unreasonable delays” because the matter has been on the court roll since 2018, Kara said.
“He also stated that the prejudice to the accused was that they were ostracized in society,” Kara said.
The court further ruled that once the investigation had been completed, “the state will have to obtain the authority of the director of public prosecutions” in the province “to reinstate a prosecution against the accused”, Kara said.
She said the police and NPA prosecutors were closely monitoring the matter and working collectively on it and that “investigations will continue”.
(Compiled by Makhosandile Zulu)
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