Owner faces death plot charge

Published Mar 26, 2009

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By Caryn Dolley

While investigators continue probing an alleged murder conspiracy, a City Bowl Armed Response owner accused of planning to kill his business partner will remain free on bail, but his co-accused will stay behind bars.

Grant Smith, 44, who is also the company's chief operations officer, and Joanne Neethling, 28, a former paramedic for the security company, appeared together in the Cape Town Magistrate's Court on Wednesday.

Immediately after their appearance Neethling then appeared alone in the dock on a charge stemming from the conspiracy to commit murder.

Smith, who is on R50 000 bail, and Neethling, who is in custody on the second charge, on Wednesday made an appearance together for allegedly planning to kill Alan Kusevitsky, Smith's business partner.

Prosecutor Natalie Johnson said the trial could not go ahead as the investigation had not been finalised.

She said Absa bank statements, a forensic audit report and a statement were still outstanding and asked that the matter be postponed.

Asghar Mia, Smith's lawyer standing in for attorney William Booth, opposed this.

"(As part of his bail conditions) my client is not allowed to go to his place of employment and is not allowed to contact his employees. This is a great prejudice towards my client. It's prejudicing him financially - I ask the court to refuse the (postponement) or that the state removes the charges provisionally," he said,

Neethling's attorney, Bern Rautenbach, said he had also been instructed to oppose a postponement. "Statements surely could've been obtained by now - my client has a right to a speedy trial," he said.

But magistrate Vusi Mhlanga granted the postponement and both Mia and Rautenbach said that at the next court appearance they would again object to any further postponement.

During proceedings Smith appeared nervous and continuously looked around. Neethling, dressed in a purple top and dark slacks, appeared calm and stared straight ahead.

When Mhlanga ended proceedings by granting the postponement, Smith left the dock and Neethling squared her shoulders as her name was again read from the court roll.

Neethling then appeared in the dock alone on suspicion of breaking her bail conditions.

These included that she may not communicate with witnesses.

Johnson said the matter would be moved to another court for the trial to go ahead and Rautenbach said he wanted the trial to start "as soon as possible".

When proceedings ended Neethling was led back to the holding cells.

In previous court proceedings police alleged that Smith provided R15 000 for a hit man to murder Kusevitsky.

They also alleged Neethling handed money to police officers posing as hit men.

She is to appear again in court with Smith on April 29 and alone on April 1 for allegedly breaking her bail conditions.

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