John Dwain Naidoo

Durban - A warrant of arrest has been issued for a suspected murderer who was accidentally released on bail in a clerical error.

Lebo Sibisi, 29, was due to appear in the Durban Magistrate’s Court yesterday with his co-accused and alleged accomplice Khehla Calvin Mthalane, 27, but only Mthalane appeared in the dock.

Both men are charged with murder and robbery with aggravating circumstances.

Last September John Dwain Naidoo, 31, was murdered during a robbery at his home in Glenwood. He was shot in the back of his neck while trying to open the safe in his bedroom.

Naidoo’s wife Mags and their 11-month-old daughter Cara were also at home during the incident.

It is alleged that at the time of the murder, Sibisi was out on parole after serving part of a sentence for other offences.

Both accused had applied for bail last December and had claimed to have had alibis for the day of the murder.

During the bail application, magistrate Kubashnie Dunn had watched CCTV video footage of the robbery.

Prosecutor Blackie Swart had said Naidoo had installed closed-circuit television cameras in the lounge of his home and one at the front door.

He said police informed him that both accused could clearly be seen. He also said Sibisi had confessed to the crime.

On January 23, Dunn had granted Mthalane bail of R5 000, but both men were released.

It was reported that following a preliminary investigation, it was discovered that the clerk issued two J7 forms with fixed bail of R5 000 each instead of one.

A J7 form is a warrant of detention document that reflects whether bail has been granted or refused.

Sibisi had apparently promised the authorities he would be in court on February 13.

It was rumoured he was in northern KwaZulu-Natal undergoing a cleansing ceremony.

Neither Sibisi nor his attorney was present yesterday.

Dunn issued a warrant for Sibisi’s arrest and the matter was adjourned to February 27.

Naidoo’s father Dan said he has left the matter in the hands of the Department of Justice to investigate.

He said he had met the chief magistrate at the Durban Magistrate’s Court last week, but declined to comment further.

The department had last night not responded to the Daily News’s query on the matter.

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