The six are accused of being involved with the fatal shooting of Deokaran outside of her Winchester Hills home on August 23.
The matter had been postponed on November 2 after four of the accused’s application affidavits had been read into the court record.
Affidavits of applicants
The fifth applicant, Simphiwe Mazibuko, an e-hailing driver, claimed in his affidavit that photographs on his phone featuring Deokaran’s complex and her vehicle leaving said complex has nothing to do with the murder.
According to Mazibuko, he was planning to move to the area, was taking photos of possible complexes and that Deokaran is on one of them is merely a coincidence.
Mazibuko, like the first accused, Phakamani Hadebe, claimed to have been taken to Turffontein Racecourse and beaten and threatened into making a false confession.
He claimed the confession was made of shock, pain and fear.
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Mazibuko made contact with his lawyer, who told him of his right to remain silent, and no written confession was made by him.
The sixth applicant, Siphakanyiswa Dladla, was arrested at the home where he was staying with two of his co-accused.
Dladla claimed the confession he made was made out of fear and the pointing out of suspects he did was therefore false.
The applicants’ case was supported by affidavits by their lawyers that indicated the trouble they had in finding the accused and consulting with them.
Further affidavits from the lawyers indicated they attempted to acquire information about the accused but had difficulty in doing so.
Release opposed
In the reading of the States version, advocate Steven Rubin read into the record two affidavits by the investigating officer, Capt Masenxani Percy Chauke from the Johannesburg Central Serious Organised Crime Unit, who strongly opposed the release of the accused on bail.
In his affidavit, he indicated the murder was clearly politically motivated and that should the accused be released on bail, they are at risk of being murdered themselves.
He considered the State’s case against the accused to be strong. He expressed concerns over the short duration of some of the accused’s stay at their current residence and the unclear addresses of their family ties in rural KwaZulu-Natal that they might be considered a flight risk.
Deokaran murder accused claim justice system fail them
In his responding affidavit to the accused’s affidavits, he indicated that while SAPS is not responsible for conditions in the prisons, he finds it strange that they have very comprehensive affidavits supporting their bail application.
He stated that all officers involved in the arrest will deny all the allegations of torture, assault and coercion made by the applicants.
Statement of importance
During proceedings, the defence advocate, Peter Wilkens, informed the court they had been contacted by the representatives of Zweli Mkhize and indicated that the defence wanted to acquire a statement from Mkhize that would be of great importance to the matter.
He asked the State to indicate whether Mkhize was indeed a suspect.
Tribute to Gauteng Department of Health senior official
Rubin would not confirm or deny that Mkhize was a suspect or witness in the matter but said there is the possibility he might be a State witness or suspect and the defence could, therefore, not contact him.
The matter has been postponed until November 19 for the arguments to be heard.
