Bail for drive-by accused

Herbert and Agnes Marais hold a picture of their son, Tremaine, who was killed during a drive-by shooting in Wentworth on Christmas Day.

Herbert and Agnes Marais hold a picture of their son, Tremaine, who was killed during a drive-by shooting in Wentworth on Christmas Day.

Published Apr 13, 2015

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Durban - The mother of a Wentworth youngster who was shot dead on Christmas Day, said she was sad knowing the man who allegedly killed her son was out walking the streets, while her child would never -return.

Agnes Marais made these comments in response to suspected gang member Rishaad Esau being granted R10 000 bail on Friday by Durban Regional Court magistrate Logan Perumal.

“It is what it is,” Marais told the Daily News outside court.

She said she had a feeling on Thursday, during the bail application, that Esau would be released.

Community activists had made separate pleas to the -magistrate against bail being granted, referring to the gang and drugs problem plaguing Wentworth.

Rishaad Esau, 29, is facing charges of murder and attempted murder.

On Christmas Day, 22-year-old Tremaine Marais was shot dead while walking home on Alabama Road, Wentworth, during the early hours of the morning. It is alleged that he was shot during a drive-by shooting in the area aimed at a group of people standing near a block of flats.

On Thursday, the State added a charge of attempted murder.

Tyrelle Watson was shot, also on Alabama Road, in -November during the early morning hours while driving.

It is alleged this, too, was a gang-related shooting. Watson survived after being shot in the head and rescued from his bakkie after it had crashed.

During arguments on Thursday, Esau had denied being a member of a gang. Police had referred to two particular gangs in court - the “Destroyers” and “G-section”.

State prosecutor Surekha Singh argued that Esau would be a flight risk and interfere with their witnesses.

Affidavits from two investigating police officers from the Organised Crime unit referred to witnesses coming forward months after the incident, saying they were initially hesitant to come forward.

Defence attorney, Leo Govender, had argued that Esau could move to another location while out on bail and said Esau was in fact a witness to the murder, not an accused.

On Friday, the magistrate said he had taken the all the -affidavits submitted by the State and defence into account, and also acknowledged the problems in Wentworth.

He said his courtroom dealt with narcotics offences and he was well aware of the use and abuse of drugs in Wentworth.

Perumal also praised the non-governmental organisations for trying to clean up the community. He felt the witnesses had already made their statements to the police and so there would be no reason for Esau to intimidate or interfere with them.

He granted bail on condition that Esau: re-located to another area while out on bail; reported to the police twice a week; and did not interfere with State witnesses.

Marais had been in court on Thursday and Friday, and said she planned attending each court appearance until the -matter was finalised.

She also said it had been “a daily struggle” for her and her family to cope with Tremaine’s death. “God has given me the strength to carry on daily,” she said, trying to hold back her tears.

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