Seven men appear for gang murder
Lebogang Mosikare | Wednesday September 16, 2015 16:32
Nthoiwa Maxala, 33, Tshoganetso Maxala, 22, Thusani Maxala (29), Tsaone Sedimo (28), Unaludo Madumba (27), Obonetse Sedimo (28) and McPherson Gaogakwe (49), are alleged to have killed Thuso Mulaladzi on September 13 at Somerset East location, using a firearm.
When opposing bail, Inspector Goitsemang Ramatatome called the investigating officer, Assistant Superintendent Lynn Agang, to appraise the court on why the accused should not be given bail.
“The investigations in this matter are still at their initial stage. We have not recorded statements from the accused and potential witnesses. We have also not recovered some exhibits,” said Agang.
Agang said they fear that the accused may interfere with their investigations if granted bail, pleading with the court to remand them in custody to allow the police to carry out their investigations. The suspects, save for Gaogakwe, said they had nothing to say regarding their further incarceration in custody. Gaogakwe asked Agang how long they would be remanded in custody and what made the state claim they would interfere with potential witnesses they do not know.
“You will be remanded in custody until our investigations are complete. I have also not interviewed you and other potential state witnesses,' Agang interjected.
She added that the police have not recovered the cartridge of the firearm that was allegedly used to kill the deceased. Ramatatome said the accused committed a very serious offence that in the extreme attracts the death penalty.
“The family of the deceased are angry about what happened to their relative and may harm the accused if they are given bail. The accused’s safety is also of paramount importance to the police,” said Ramatatome.
Ruling on the bail application, Principal Magistrate Sijabuliso Siziba said evidence led by the investigating officer is that the state has just commenced its investigations. “Statements have not been recorded from potential witnesses. The state also says that some exhibits have not yet been recovered especially the cartridge of the firearm that was allegedly used to kill the deceased. The investigating officer fears that the accused may interfere with investigations if released on bail,” said Siziba.
“The accused as suspects have a constitutional right to liberty, they are also presumed innocent until proven guilty. However, the liberty of the accused can be curtailed if there is evidence that such may defeat the ends of justice,” said Siziba.
He added that from the information produced in court it appears that the state might consider granting the accused bail pending trial at some stage.
“I have considered the fears of the prosecution and gravity of the offence. I am of the view that the fears of the prosecution cannot be dismissed at this stage. I therefore rule that the accused should be remanded in custody to allow police to carry out their investigations. The accused shall appear in court for mention on September 29,” ordered Siziba.