POLOKWANE – Former Polokwane businessman, Jacques Nell will know later today (Thursday) if bail will be granted by the Polokwane regional court.
The bail hearing took just over a week to be heard before court, following Nell’s arrest on Wednesday, February 26 in Gauteng on charges of fraud. Nell has been in custody since then.
The bail hearing continued on Monday, with the arresting officer, Col Solly Molele from the Hawks, testifying.
He testified that Nell threatened that he (Molele) could lose his job if he arrested him and said he should first consult with his boss before arresting him, as he (Nell) had good connections in the ruling party.
Nell’s wife refuted this. Asked why he (Molele) did not handcuff Nell, Molele said he respected him, and there were police officials with Nell. He said he did not know Nell was a flight risk, and he was only informed later about this. He was also in possession of Nell’s two passports (one of which had expired).
Nell’s attorney Jannie Engelbrecht assured the court that his client would not breach any bail conditions and would not interfere with any witnesses. He said his client had not received evidence pertaining to the trial as yet. So far, Nell had given his full cooperation and would do so in future too, he said.
Engelbrecht questioned the seizure of documents at Nell’s house, considering that the Hawks claimed they had finalised their investigation. He further said his client had not responded to many of the questions asked to him, and this was not to avoid incriminating himself, but because he was concerned that he might not have understood the questions correctly.
He accused the investigating officer, Col Christelle Stemmet from the Hawks of trying to force Nell to incriminate himself and said the investigating team had ulterior motives, as Nell was an ANC member.
Engelbrecht pleaded for Nell to be granted bail so he could have time to prepare for the trial, to prevent financial loss and to finalise deals on the brink of being concluded that would bring in money for the family. He said Nell had already been in custody for a few days. He did not have the time to refresh his memory as to questions asked and he was in shock due to his arrest, Engelbrecht claimed. He said it was difficult to consult with his client while he was in detention. He said Nell had around R10 000 to secure his bail, as he must also maintain his family. Nell’s health was questionable, with him having an alleged minor stroke, putting him at risk for a more serious stroke should he remain in custody.
Engelbrecht alleged Nell was promised an ambassadorship in Italy, the discussions which would now be put on hold.
The state maintained Nell had business interests and many friends overseas, had applied for jobs abroad and it would not be easy to have him extradited should he go overseas. He had no fixed properties or money in his bank account here, and only admitted to being abroad after December 2012 after evidence was put before him about a visit to Mauritius last year.
The state has a prima facie case against him and can prove its charges, according to the prosecution.
Magistrate Janine Ungerer adjourned court until today (Thursday) at 14:00, when she will give outcome in the bail application.
