FULL STORY: #CannibalismCase: Court proceedings from yesterday

On Monday morning the four men accused of conspiracy to commit murder and murder appeared before the Estcourt Magistrate’s Court for the final part of the formal bail application.

READ THE FIRST STORY HERE: Three arrested after found in possession of human remains

Investigating Officer Kagatso Matseana was called to take to the witness stand once again. The proceedings began with Legal Aid lawyer, Mr Ngcobo informing the court that his client Sithembiso Sithole is abandoning bail and that he will not proceed with any questions.

WATCH: #CannibalismCase: Accused await bail ruling

Lawyer for accused, Lungisani Magubane and Khayelihle Lamula, Ms Hadebe said that addresses were furnished for the duo and wanted to know from Mr Matseana what the outcome was. Mr Matseana answered by saying the home owner of the address given was not present at the time but her daughter was.

The home owner was in court and is willing to accept the bail applicant. Magistrate Ms Sookraj had a few questions of clarity to assist her in making a ruling. She asked Mr Matseana what his reasons were for stating in his evidence that the case is a planned premeditated murder.

Mr Matseana told the court that the two bail applicants implicated themselves in their confession statements. Ms Sookraj also asked Mr Matseana to clarify if the motive was greed for money. Mr Matseana said he believes the victim was killed and certain body parts were going to be used for muti (traditional medicine) purposes.

One other question was: “What are your reasons for saying that the applicants won’t be easy to re-arrest if they are granted bail?”

“Usually people get bail and do not return to court. This is a high profile case and both the accused are aware of this,” explained Mr Matseana.

Answering more questions, Mr Matseana said that forensic evidence has not been released yet. The attorneys and state prosecutor were then allowed to cross examine Mr Matseana on the questions of clarity raised by Ms Sookraj.

State Prosecutor, Mr Zuma asked why Mr Matseana believes the motive was muti-related. He answered that this is a practice in Africa and it has escalated in KwaZulu-Natal. Mr Zuma also wanted to know whether the third applicant implicated himself during the planning of the murder of the deceased.

ALSO READ: #CannibalismCase: Address verification leads to fourth bail application postponement (Video included)

“Yes, he was the transporter and he was aware that someone was going to be killed,” Mr Matseana answered.
“The applicant dragged the victim out of the vehicle. It shows planning because he was involved. The applicant met with his co-accused to make a case against him disappear. When it did not; a person from Winterton was meant to be killed. Although the deceased was not from Winterton, someone was killed.”

ALSO READ: UPDATE: Police confirm identity of human remains found in flesh-eating case

He concluded by saying that the applicant was aware the person was killed for muti purposes and it was planned. Ms Hadebe put her submission forward as to why her clients should receive bail. She said that three other suspects in the cannibalism case were released and no reports of attacks were received.

READ THE STORY HERE: BREAKING NEWS: Three suspects in the cannibalism case are released

“The community is concerned but are not willing to take the law into their own hands,” she explained.

Mr Zuma argued that there is a very strong case against the accused and letting them out on bail will undermine the justice and bail system, public peace as well as security.

He added that if muti was used previously to have a case disappear in Khayelihle Lamula’s situation, is he not going to further commit offences to make this case disappear?

ALSO SEE: Mayor condemns cannibalism

In closing, State Prosecutor Mr Zuma said there are no exceptional circumstances for the accused to be released on bail. Khayelihle Lamula and Lungisani Magubane now await a decision from court regarding their bail application, which will be heard on Thursday.

Click to receive news links via WhatsApp. Or for the latest news, visit our webpage or follow us on Facebook and Twitter