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Johannesburg - A director of Dave Sheer Guns has applied to have his bail conditions changed because he needs to move in with his girlfriend for emotional support.
On Tuesday, Gareth de Nysschen appeared in the Lenasia Magistrate’s Court along with co-accused Efthimios Demis Karamitsos, soldiers Teboho Peter Motaung and Diphang John Motloung, as well as Motloung’s son Thabang.
De Nysschen and Karamitsos have been charged with dealing in stolen military ammunition, while the other accused are charged with stealing the ammunition. The charges relate to more than 200 000 rounds of military ammunition that were allegedly stolen from 21 Infantry Battalion in Lenasia.
According to a State witness’s statement, the ammunition was allegedly sold to Dave Sheer Guns.
De Nysschen placed an affidavit before the court asking that his bail conditions be changed so that he can move out of his uncle’s house in Boksburg to live in an apartment in Bedfordview.
The affidavit states that De Nysschen co-operated with the Hawks, and Colonel Chris Prinsloo - who had inspected their business premises - had confirmed that their investigations were “going nowhere” and had effectively come to a stop.
The affidavit also referred to a court order obtained by Dave Sheer Guns in the Pretoria High Court against the minister of police and the national police commissioner, who were ordered to proceed to process all their applications and/or import permits.
This was because an embargo was placed on the business’s firearm licences.
De Nysschen explained that he needed to move in with his girlfriend. “My girlfriend wants to live with me to offer me emotional support for the trauma that I am currently experiencing as a result of the criminal allegations levelled against me and the extensive negative media reports,” the affidavit says.
“I am effectively under house arrest and I am prevented from having a normal sexual relationship with my girlfriend due to the lack of privacy,” he told the court.
The day proceeded with threats being thrown across the court. The State opposed the application to change the bail conditions.
Senior counsel Laurance Hodes, representing De Nysschen, said he wanted to place on record that he did not accept that what was happening in the court was transparent. He felt the prosecutor was being vindictive in opposing the application.
When magistrate Syfred Mati asked if the two parties would like to discuss the application outside the court, Erasmus replied: “I will deal with this in court. I don’t want to deal with this in chambers.”
Erasmus later said she took exception “to all the personal attacks on the State… There are personal innuendos that are false. There have also been severe personal attacks on the character and integrity of the investigating officer.”
She then indicated that she would be placing an application before the court to have bail revoked.
Mati postponed the ruling on the application to October 14.