SMS costs dad bail

Published Jun 1, 2011

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My love, there is no way I can leave you like this, I’m sorry for what I did, can we talk?

This SMS has cost a father – who is alleged to have started a fire in which his two children died in March – his bail.

David Moloisane faces two counts of murder and arson in connection with the fire in Mabopane’s Block E.

He stood shaking his head as the investigating officer, Andrew Motlhabane read an affidavit by his wife, Grace Masindi, to the Odi Magistrate’s Court on Tuesday.

In it Masindi said that Moloisane had tried to call her several times and, when she did not answer, he sent several SMSes to her and later to his brother, who is also due to testify.

Motlhabane said the accused had breached one of his bail conditions by communicating withand threatening witnesses.

Moloisane was rearrested on May 19.

A possible charge of intimidation is also being investigated against him.

Motlhabane told the court that Moloisane had received a cellphone from his sister.

He apparently needed the phone to communicate with his employer.

He made several calls to Masindi. After he failed to receive a response he did a SIM swop and SMSed Masindi and his brother from another number several times between May 13 and 15, the court heard.

Motlhabane asked the court to cancel Moloisane’s bail.

He also asked that Moloisane be sent for psychiatric evaluation as he had mentioned in several statements to Motlhabane that he had reached a “cul-du-sac” in his life.

Also, in one of the SMSes, he said: “I don’t have much time.”

The defence argued that there was no proof suggesting that Moloisane had sent the SMSes or that he was even in possession of a cellphone.

Masindi and her 14-year-old daughter survived the fire in which the couple’s two younger children, Keitumetse, 10, and Thato, 5, died.

The National Prosecuting Authority (NPA) confirmed that the court had withdrawn Moloisane’s bail.

“The bail… was cancelled by the court after the application by the State, due to the failure of the accused to comply with his bail conditions,” said NPA spokesman Mthunzi Mhaga. “The bail was forfeited to the State.”

The case was postponed to June 10 and Moloisane remains in custody.

Outside the court, Masindi said that she was still scared and battled to sleep at night.

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