Still no bail for accused in Fatane murder case
"I CAN'T come to the conclusion that exceptional circumstances have been proven by the applicants and therefore their bail application is denied," ruled magistrate Joseph Ngoasheng in the Mokopane magistrate's court
MOKOPANE – “I CAN’T come to the conclusion that exceptional circumstances have been proven by the applicants and therefore their bail application is denied,” ruled magistrate Joseph Ngoasheng in the Mokopane magistrate’s court on Monday during the formal bail application of two suspects in the Gideon Sello Fatane murder case.
Charles Mogale (35) and Thabo Matlaila (30) were represented by their defense attorney, Cara Alberts from Pretoria.
Mogale, Matlaila and Desmond Machaba were arrested for the murder of Fatane, a taxi-owner who was shot and killed in front of his house in Fourie Street on March 27.
Machaba, who is also a suspect in the Charles Mgidi murder case, who was shot in broad daylight on April 4 at a filling station on the corner of Nelson Mandela and Thabo Mbeki Drive, did not apply for bail.
Alberts opened with argument in a fully packed courtroom, stating that: “there is no evidence that proves that either one of these suspects pulled the trigger that killed Fatane. There are no eye-witnesses that can place them at the scene of the crime and the ballistic report is still not available. In my opinion, the state has a weak case against Mogale and Matlaila”.
During the first bail hearing on June 15, Col William Ramogobedi, principal investigation officer in the case from Polokwane, testified and gave five reasons bail should be opposed, saying Machaba confessed that he contacted Mogale to arrange for someone to kill Fatane and Mogale then contacted Matlaila with the offer.
“On March 28, a day after the murder of Fatane, Machaba and two other suspects met with Matlaila and he was paid R40 000,”said Ramogobedi, in his testimony.
Alberts said the investigating team’s case was built on the confession of Machaba and that they did not have any independent evidence.
“It will be argued that all the objections of Ramogobedi for the denial of bail is based on his personal opinion and not on facts.” During the hearing, a handful of residents sang outside the court in opposition of bail being granted. After a valid argument by Alberts, as well as the state prosecutor, Ngoasheng made the following ruling.
“Firstly, a bail application is less formal than a trial and the focus of a bail hearing is, is it in the interest of justice? These applicants are charged with a schedule six charge, which means exceptional circumstances should be proven. According to Mogale and Matlaila, they bear no knowledge of conspiring to kill Fatane, certain admissions where made by the suspects, but physically, none of them pulled the trigger.
“Is there any likelihood that if released on bail they will endanger the public? No, it is far fetched and Mogale’s other offences do not hold any water.
“Is there any likelihood that they will flee the country as according to the state if they are found guilty they will be faced with life imprisonment? No, this is no reason to deny them bail as both applicants have strong family ties in South Africa, they do not have the necessary travel documents and they do not have relatives outside of SA.
“Is there any likelihood that they will interfere with witnesses or evidence? The applicants do not have access to the evidence and there is no evidence placed before me that either one of them or their families has made any attempt to contact the witness, so this likelihood does not hold any water,” said Ngoasheng.
He said we should not forget that all applicants were innocent until proven guilty.
“The community should remember that the suspects should not be trialed on the perceptions of the public. Is there any likelihood for public disturbance? It is difficult to answer, the community’s behavior is different in this case than in the Mgidi case.
“I cannot ignore Ramogobedi’s statement that he has been told by an informant that if the suspects are released the community will burn their houses to ashes,” said the magistrate.
Ngoasheng concluded: “exceptional circumstances should be proven and it’s not for this reason bail is denied”.
The suspects remain in custody until August 19, the same day as the Mgidi trial.
