DURBAN - ATTEMPTED murder accused ANC councillor Mzwandile Shandu and his nephew Mnqobi Shandu were granted bail of R2 000 each at the uMlazi Magistrate’s Court on Wednesday.
The two appeared in court for the arguments on the State’s merits for opposing bail and the magistrate’s decision.
They are charged with two counts of attempted murder and one of housebreaking with the intention to commit a crime.
Previously, the Daily News reported that one of the charges brought before the court had resulted in a 16-year-old being confined to a wheelchair. Magistrate Jade Gurie said the court’s decision was based on the evidence presented by the investigative officer, or lack thereof.
Gurie said: “The investigative officer was in most cases not willing to reveal the merits behind the State opposing bail. Everything was vaguely explained and not clearly defined. The court must examine the merits of the case, not conjecture or hearsay. The crime intelligence should have come to testify as it had critical information about the case. There should have been evidence showing that the accused would be a danger to society, but there was none. It is the court’s contention that the State should be leading succinctly with evidence”
Gurie added that the prosecution and investigation officer treated the court “disdainfully” and did not help in determining a prima facie case.
“In the case the prosecution fails to produce evidence on the possibility of all that is scheduled on section 16 (A), the court has to consider the benefit of doubt to the accused.
“It could not prove how they would be a flight risk, how they are a danger to the community or even their lack of responsibilities. The court found the submissions made were insufficient, therefore, the issues emanating from the section have not been dealt with sufficiently.
“The investigation officer did not offer enough information to determine a prima facie case. The court will grant both accused bail of R2 000 each, on the condition that they report to the Mid-Illovo police station every Tuesday at 6am and 6pm,” Gurie said.
Prosecutor Dumisani Nxumalo argued that from the statements taken from the victims, the accused were familiar with the witnesses and could be a threat to their families. He said the families of the victims were themselves victims of the violence of the two men.
“The court should consider that the victims have been put in witness protection because they were interfered with, and therefore leave their families exposed as they are victims of the accused. The court must consider the intensity of the violence meted on the victims as an indication of the likelihood of it repeating itself in the near future,” Nxumalo said.
He said the court should read nothing into the time span between the attack, which was on August 13, and the date of arrest, as “the accused saw no need to interfere with the witnesses as it seemed they had got away with the crime”.
Defence attorney Abdul Karrim said the prosecution had no evidence for any of its claims, and pleaded with the court to only consider the evidence presented before the court.
“There is nothing tangible in the arrest docket or presented to the court that justifies the perceived threat to the witnesses. As with the previous appearance, we submit that the flight risk issue is not supported by evidence.
“Both my clients have responsibilities to their families and their children. One of my clients is a ward councillor, and the other is well known in his area of residence. We ask the court to consider the evidence presented before it and nothing else,” Karrim said.
The case was postponed to March 4 for further investigations.
Daily News