Modimolle presiding magistrate Mmatlhapi Tseole had her hands full with racial tensions threatening to disrupt proceedings, during the bail application of Willem Barnard, who was accused of assaulting two black males.
Tseole had to call some people in the public gallery to order, after they raised their voices in protest against submissions by Barnard’s legal representative.
On the Monday (17 September) of the bail application, Tseole was scathing in her granting of R5 000 bail to Barnard, critical of police investigations.
She took issue with the sequence of events, in that the incident happened on Saturday 1 September, and that Barnard was only arrested on Monday 10 September.
In granting Barnard conditional bail, Tseole said the State did not convince the court it was in the interest of the public to refuse bail.
“Should I refuse bail because the court was full (of members of the public)? No one here needed a body guard,” she said.
Tseole said she had to deliver justice “without fear nor favour”.
“I shall comply with the law of South Africa,” she explained.
Barnard was granted bail on condition he reported to the local police station on Fridays, and that he could not leave the Vaalwater area without the permission of the investigating officer.
At the time of the beginning of the bail application on Friday 14 September, the magistrate made it clear she would not entertain interruptions.
At the centre of the simmering racial tensions were the charges against Barnard, which initially included the pointing of a firearm, assault with intent to do grievous bodily harm and crimen
injuria.
Further charges of attempted murder have been included.
Barnard stands accused of assaulting Mahlatsi Moneong and Andries Ntsoe on a dirt road near Vaalwater.
Investigating officer, Constable Modise Kgomo, told the court that the two encountered two vehicles travelling parallel to each other towards a vehicle in which Moneong and Ntsoe travelled.
The unnamed driver between Moneong and Ntsoe swerved to the side and smashed into a perimeter fence, trying to avoid the two vehicles.
Kgomo testified that during the confusion, Barnard confronted the two men.
The investigating officer testified that a number of shots were fired on the scene of the accident.
Kgomo further told the court Barnard attacked the two men with his fists and a baseball bat.
Barnard was expected to appear before the Modimolle Magistrate’s Court again on Friday 19 October.
— The BEAT
