The bail application of a Pretoria businessman, Lucas Legabe (49), who is accused of stealing 541kg of cocaine worth over R200m from the Hawks’ offices in Port Shepstone in 2021, is being heard in Port Shepstone’s Magistrate’s Court.

The bail hearing, which started on September 8, continued on September 9 and has been postponed to September 14 for Magistrate Nonjabulo Moleele to deliver judgment.

Legabe, who maintains that he is innocent, is facing charges of housebreaking with intent to steal, dealing in drugs and possession of drugs.

In his statement, he said that being in jail is not conducive for him because he suffers from asthma and bronchitis.

When he appeared on Tuesday, he had nasal irritation and stated that he sometimes has nosebleeds because of the conditions in jail, and sometimes he is unable to sleep.

He also denied that drugs were found in his possession.

The court heard that the stolen cocaine was initially stored at a depot in Isipingo and later moved to the Hawks office in Port Shepstone. At the time, the keys to the safe were with the then Hawks head Major-General Lesetja Senona, who resigned in June this year.

According to the investigating officer’s statement, read by the State Prosecutor, a window frame had been removed, and it is believed this is how the perpetrators might have gained entry.

The safe door was forcibly opened, and the drugs were removed; some were at the crime scene, and some were in sewer pipes in the vicinity.

Furthermore, the statement referred to Legabe being linked to the crime because two witnesses were in meetings with him and some Saps officials, where they discussed that the drugs must be stolen as a matter of urgency in Port Shepstone.

“He was among the people who went in to steal the drugs. He was given a portion to sell, and money made from that portion was to be sent to one of the police officials,” said the State Prosecutor.

The State argued that if he is released on bail, given that he is aware of the witnesses, there is a chance their lives might be at risk, or he might try to remove evidence.

It was also mentioned that one person who was linked to this case has since died, and it is suspected that he was murdered.

According to the Prosecutor, the accused has previous records of housebreaking and theft in 1994, 1995 and 1998.

Legabe’s legal representative, Advocate Henrik Potgieter, argued that the prosecutor spoke of suspected cocaine bricks and that, at some stage, forensic proof will be needed that it was cocaine.

Potgieter also said that Legabe’s previous convictions have fallen away, meaning they should not be mentioned because they were served many years ago.

Meanwhile, the Hawks national spokesperson Colonel Katlego Mogale said more arrests linked to the case are expected as the investigation is still ongoing.

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