No bail, more charges added

Published Jun 13, 2016

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Pietermaritzburg - Moments after two alleged members of the so-called ­“Williams gang”, which terrorised various suburbs and businesses in Pietermaritzburg, were denied bail on Friday, four more charges were added against them.

Security was tight in the Pietermaritzburg Magistrate’s court during the decision by Magistrate M Boikhutso, with eight policemen stationed in the courtroom and four outside.

After the magistrate’s refusal of bail to Derrick Williams and Sibongiseni Mariken, both of whom were wounded during a shoot-out with police officers in Montrose on April 30, state prosecutor Patti David revealed that a further four charges were being added against the two men.

These include a charge of aggravated robbery arising from a R1-million jewellery heist at Liberty Midlands Mall, two counts of housebreaking and theft of goods and cash from Spar shops in Foxon Road, Hayfields, and Hilton amounting to more than R70 000, and another charge of attempted theft of a bakkie. The court was told more suspects were likely to be arrested in connection with the mall robbery, and more charges against Williams and Mariken may be added in due course.

In her judgment, Boikhutso said the state’s case against Williams and Mariken appeared overwhelming, and that their release on bail would threaten public safety.

She also took note of newspaper articles referring to an alleged “hit list” of police officers involved in the arrests and shooting in which alleged gang leader Ian Williams and Luwazi Xulu were killed, and Derrick Williams and Mariken wounded. Boikhutso said one of the primary considerations was concern for the safety of informers, witnesses and officers.

Williams and Mariken declined to give evidence about the merits of the case, but confirmed that they were shot.

The magistrate said it was alleged that they shot at policemen who confronted them while they were attempting to steal a car. Neither man denied this when giving evidence in support of their bail bid.

Boikhutso said in the absence of any explanation, the court was obliged to take note of the state’s unchallenged ­allegations. “If they did not hesitate to shoot at police, then what would stop them shooting at ordinary people?”

The magistrate said it was not in the interests of justice for bail to be granted.

The case was adjourned until July 11.

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