Johannesburg - The urgent application by twins Brandon-Lee and Tony-Lee Thulsie challenging an earlier court ruling that found their arrest, on suspicion they were plotting terror attacks, to be lawful, was on Friday stuck off the roll by the Johannesburg High Court.
Advocate Annelene van den Heever for the 23-year-old twins brought the urgent application because she believed that the twins were unlawfully arrested since the police admitted that they did not have an arrest warrant. The twins have not yet applied for bail because they insist their arrest last month at their Newclare home in Johannesburg was a breach of their constitutional rights.
Police had a search warrant when they raided the home of the twins and they say because they found incriminating evidence they decided to arrest both men.
On Monday, Magistrate Pieter du Plessis, presiding over the matter in the Johannesburg Magistrate’s Court, ruled that the twins, who are accused of plotting terror attacks against the US embassy and Jewish establishments in South Africa, were lawfully arrested and lawfully kept in custody.
Van den Heever then brought an urgent application to the High Court to seek relief for her incarcerated clients whose rights she said were being breached.
However, on Friday Judge Pieter Meyer struck the matter off the roll because he said procedure had not been followed.
“If the arrest was unlawful you could’ve approached the High Court immediately on an urgent application, instead it went to the regional court. And there’s a procedure to follow,” Judge Meyer said.
Van den Heever had argued that it was the constitutional right of an accused person to approach the relevant court.
Judge Meyer said it required two judges to review such a matter – something that was not possible given that the State was only served with papers late on Thursday. He said that he did not have jurisdiction to review the ruling on his own.
State prosecutor Dawie Joubert pointed out that the accused were arrested on the 9th of July 2016 and appeared in court on the 11th of July. Their matter was then postponed a number of times. The pair stand accused of planning to set off bombs at a US diplomatic mission and Jewish institutions in South Africa.
“The manner in which the application was launched and brought to court was frivolous and ill thought through. This matter should be struck off the roll with special cost order,” Joubert said.
Judge Meyer concurred and struck the matter off the roll.
The Thulsie twins have been charged with conspiracy and incitement to commit the crime of terrorism and conspiring and attempting to commit acts associated with terrorist activities.
They were remanded in custody.
African News Agency