State argues Jayden-Lee Meek’s mother rode public sympathy until the horse bucked

Tiffany Nicole Meek, the mother of Jayden-Lee Meek, rode on public sympathy following her son’s death, until her arrest, the state argued in the Roodepoort Magistrate’s Court on Monday.

Both the prosecution and defence delivered their closing arguments in Meek’s bail application.

The 31-year-old is seeking release after being arrested on 11 July.

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She faces several charges, including murder, crimen injuria, defeating the ends of justice, and attempting to obstruct justice.

Jayden-Lee’s body was discovered on 14 May on the staircase of their home at Swazi’s Place complex in Fleurhof, Johannesburg.

He had been reported missing the day before.

Jayden-Lee Meek murder: Defence argues for bail

Meek’s legal representative, Noven Naidoo, cited a previous court judgment, arguing that an accused should not be held in custody pending trial as “a form of anticipatory punishment”.

“The presumption of law is that he/she is innocent until his/her guilt has been established by the court,” he said.

Naidoo argued that the state did not have a strong case against his client, pointing to the cross-examination of investigating officer Sergeant Nceba Diko, which, he said, revealed “many flaws” in the police investigation.

“There were contradictions, especially in respect of the identification of the uniform of the minor child Jayden,” he told the court.

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He further referenced three other cases where individuals accused of serious crimes were granted bail, despite public outrage.

“Yes, the public is angry, yes, they are hurting, but why would members of society commit murder, try to kill the applicant and then risk the chance of them being charged for murder?

“Everybody wants justice for justice, that can only be achieved with proper investigations and with the trial court making a determination in the matter.”

Naidoo also contended that Meek posed no flight risk, as no evidence had been brought to suggest otherwise.

Prosecution cites community anger

Countering the defence, the state prosecutor questioned why Meek failed to offer her mother’s Florida residence as a potential address if released on bail.

“She knows that the community is so upset that she dares not to linger within this court’s area of jurisdiction,” he argued.

According to the state, Meek would be safer in custody.

“This possibility of harm to the applicant would also be an incentive for her to evade trial,” the prosecutor said, highlighting an online petition opposing her release, which had amassed over 2 500 signatures.

“The petition is in fact a true reflection of societal anger towards the applicant.”

The prosecutor compared Meek’s situation to a rider being thrown off a bucking horse, suggesting that the mother has lost the sympathy of her community.

“The applicant was riding on societal sympathy since the death of Jayden-Lee, and she knows that very well,” he said.

“This is exactly what has happened to the applicant. She was unceremoniously dismounted from societal sympathy, and she has now incurred their ire.”

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While Meek suggested living with her father in Verulam, KwaZulu-Natal (KZN), the state raised concerns about monitoring.

The prosecutor told the magistrate that her father does not have a fixed address, making supervision challenging if she were to live outside the province.

“Now, we are asking someone, somewhere in another police station, who has no interest in the smell to keep tabs on the applicant.

“If the police fail, then we are also asking the father to now do the work of law enforcement, to keep tabs on the applicant, to ensure that she’s at home and to ensure that she comes to court. That is an unreasonable burden.”

Tiffany Meek is a flight risk

The prosecutor further argued that Meek is a flight risk because she is still employed and has an option to work remotely.

“What that means is physically, she can work from anywhere, and she will continue to have financial resources.”

He also addressed the logistics of her proposed commute from KZN to Gauteng.

“The applicant knows the reality of the cumbersome nature of having to travel from Durban to Gauteng daily, and she dares not to reside anywhere within this court’s area of jurisdiction.”

He also rejected the defence’s claim that the investigation would take a long time to complete, thereby prolonging Meek’s time in custody before the trial begins.

““The bulk of the investigations have been completed.

“We submit that it is one or two things that must be obtained, but when we look at the speed at which the investigations were conducted and concluded to come to this point, it cannot be said that it will take longer for investigations to be concluded should the applicant be detained in custody.

“She won’t really suffer any form of prejudice in any abnormal way.”

In conclusion, the state contended that Meek had not demonstrated exceptional circumstances to warrant bail.

“The court should refuse her application.”

The court is expected to deliver its judgment on Tuesday.

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