Hardened 'livestock rustler' denied bail
Lebogang Mosikare | Tuesday April 4, 2023 06:00
The alleged livestock rustler, Alister Mbereki, had once more made an application for bail pending trial saying there was a change of circumstances that warranted him to be granted bail.
His main argument was that there was no progress in his case as investigations are pending. Delivering a ruling in the bail application pending trial, Magetse said: “It is worth noting that the instant court is aware of the seriousness of this case as it involves Gulubane village farmers.
"To show our commitment, a case management conference (CMC) was conducted when the movement of animals was restricted in Zone 6 where Gulabane village is situated because of the outbreak of Foot and Mouth Disease (FMD).
"Further, the accused has been served with all relevant evidential material, in all the cases, to enable him to defend himself during the trial.” Magetse said the case is ripe for trial but the dates are yet to be set because the accused has made a series of applications for bail at the High Court. “The instant court being understanding of his rights afforded him an opportunity to deal with his cases at the High Court. As it stands, it is the accused person who is stalling the commencement of trial in all the instant two cases. "The court wishes to herein warn the accused person that he has been given ample time to address his appeals and or applications at the High Court.
In light of the fact that we are also dealing with the Gulubane village farmers who are also interested parties in the instant cases, this matter has to be finalised as soon as possible factoring in the FMD disease issues,” said Magetse.
Magetse concluded the accused has failed to demonstrate the change of circumstances warranting bail pending trial and as such, his application for bail pending trial for the instant two cases was denied. Previously denying Mbereki bail in April 2022, Magetse had said that it must be noted that he first came into contact with Mbereki in June 2020 when he was denied bail pending appeal by the instant case, although he (Magetse) was not the trial magistrate. “It appears that he was granted bail pending appeal by a different court.
My second encounter with the accused was when his bail was revoked in yet another offence of stealing stock involving 55 goats. I must note that the above-cited case is currently part heard before his worship Shadreck Kapeko... Following the revocation of bail as noted above, the accused was arraigned for two stock theft cases as noted above,” Magetse said. In the CMFFT 196-22, the accused is charged with three counts of stealing stock involving four cows and three complainants.
The above three counts are alleged to have been committed in March 2022 and it appears that the accused was at the material time on bail pending trial and on bail for another part heard matter before Kapeko, said Magetse. In the CMMFT 197-22, Magetse continued, the accused in this instant is charged with three counts of stealing stock involving eight complainants and 11 cows. “All the above eight counts are alleged to have been committed in September 2021 and it appears that he was at the material time on bail pending appeal and on bail for another part heard matter before Kapeko.
Foregoing the above, the accused person is denied bail pending trial for both CMMFT 196-22 and CMMFT 197-22,” Magetse said. Mbereki is due in court on April 14 for a ruling regarding his application for the recusal of Magetse from presiding over his cases and/or setting of trial dates in the alleged stealing of eight cows.