Backed into a corner, desperation compels the use of every resource to escape confinement.
Ntuthuko Shoba launched a second bail application on 25 March and the accused awaited a decision in the Roodepoort Magistrates’ Court on Friday, 7 May. Magistrate Delize Smith left the matter on a dramatic pause on 26 April, after state prosecutor Paseka Temeki and his opposing council, Advocate Shaddy Sithole, each submitted long arguments for and against granting the accused bail.
The court had to weigh up several issues with what the defence had claimed was ‘new evidence’ and justification to grant the accused a temporary release prior to trial. Key points raised were the accused’s willingness to help locate CCTV footage, his dismissal by his employer that he was hoping to appeal, and the financial position of his grandmother whom he claimed to support.
In a 22-minute judgement read out by Magistrate Smith, she sited that the accused’s father and mother are both on pension and the accused brother lives in the area, negating any argument about his grandmother being left destitute. It was also stated that Shoba’s access to his legal council would enable him to appeal any decision taken by his employer.
It was believed by the court that Shoba’s willingness to cooperate was irrelevant as police would have gained access to any surveillance footage with or without his help. Furthermore, the accused had offered his residential property and pension as surety for his release, but it was disclosed that the house was not entirely his, but was co-registered in the name of his ‘lobola partner’.
“The applicant has placed nothing compelling before this court, taking into account the new evidence and the elaboration already on the known facts that exceptional circumstances do exist why it would be in the interest of justice to be released pending trial. Bail is denied,” concluded Magistrate Smith.
Shoba left the courtroom to a chorus of jeers and insults levied at him by the gallery, and will now wait for 17 May where an indictment will be served before the case is moved to the High Court.
