Confusion in #OCJburglary case

Given Msimango and Bigboy Yose appear in the Mamelodi Magistrate’s Court. Picture: Oupa Mokoena

Given Msimango and Bigboy Yose appear in the Mamelodi Magistrate’s Court. Picture: Oupa Mokoena

Published Mar 23, 2017

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Pretoria - Confusion surrounded the three men allegedly linked to the break-in and theft of computers at Chief Justice Mogoeng Mogoeng’s Midrand offices when they appeared in the Mamelodi Magistrate’s Court on Wednesday.

Defence attorney Sammy Mahlangu said initial reports of the men being arrested in connection with the robbery of the Chief Justice’s offices were untrue.

Mahlangu said the police raided the residence where Joshua Msimango, Given Msimango and Bigboy Yose lived, thinking they would find the computers from the Chief Justice’s offices. However, they found nothing to that effect.

“Instead of finding those computers they found a firearm, ammunition and fraudulent documents.

“I’m not sure why Joshua was charged with the possession of a secondary firearm as it was not even found at the address, but somewhere else,” said Mahlangu.

Joshua Msimango's Legal Aid attorney Vincent Sibiya said the State prosecutor declined to proceed with prosecuting their client due to lack of evidence.

“He was arrested and charged with possession of stolen property, but when the document was screened for reading, the prosecutor decided not to prosecute. He was not found in possession of the said items,” said Sibiya.

Given Msimango, 20, appeared in court facing charges of two counts of possession of unlicensed firearms and one of unlicensed ammunition after 36 unused rounds were found.

Yose is charged with four counts of fraud after he was found with fraudulent identity documents with different information but using his photograph.

The State prosecutor said the charges against the men would be regarded as schedule five due to previous convictions against the men.

Police spokesperson Brigadier Sally de Beer said operations were held at a particular place after information about the break-in at the Chief Justice’s office led them to the vicinity and police were able to get particular information.

“Investigations are still under way and as we finalise them.

"If additional charges are to be added will be determined at a later stage.

“We found information of evidential value and other arrests, and charges cannot at this stage be ruled out,” she said.

The matter was postponed to March 30 for bail application.

The suspects will remain in custody at the Kgosi-Mampuru II Correctional Centre until their next appearance.

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