Charges against the six men accused of being part of a mall-robbery syndicate could be dropped if the state is not ready to proceed with the trial at their next appearance.
The six were arrested at the end of September last year on allegations that they had plotted to rob a cellphone store at Fourways Mall. The six were arrested along with three Douglasdale Police Station officers, but the state has since withdrawn charges against the officers.
On 28 February, the six appeared at the Randburg Magistrates’ Court where the state asked for a further one-month postponement in order to complete investigations.
Addressing the court, the state prosecutor, Elias Ratlou told the court that they were still waiting for forensic reports among other things.
This request for postponement was met with a total rejection from defense attorneys.
Attorney, Idemudi Uriesi for accused number one, Nkosinathi Masoa told the court that it was unacceptable that the state requested a postponement to complete investigations. He told the court that it was exactly five months that the accused have been in custody, adding that the court denied them bail.
Uriesi said the court must bear in mind that it’s dealing with people’s lives and some of the accused might be acquitted.
He told the court to either grant the accused bail or withdraw charges against the accused, pointing that justice delayed is justice denied.
Another attorney, Ofentse Nkgwang for accused number three and nine (Raymond Sibanyoni and Thokozani Sibanda), told the court that it was unfair that the state was not yet ready to proceed with the case, as at the last appearance, the state requested a lengthy postponement, citing that it wanted to attend to all loose screws in the matter.
Nkgwang told the court that he objects to any further postponements for investigations on the matter. He said the matter must be struck off the court roll as none of the accused was a flight risk and addresses of the accused are known by the state as they were verified during the bail application. He said the state can summon all the accused persons once its investigations are complete.
Another attorney, Justin Rangaka for accused number six (Lethabo Sheshingwani), said he found it funny that the state came with such a request.
“What is it that they will do in a month that they failed to do from the end of September,” Rangaka said, pointing that this was just a delay tactic by the state.
In response, the Prosecutor said everyone must bear in mind that the bail application took a while to be concluded and that affected the investigations as the investigating officer was requested to be in court most of the time.
Also read: Mall gang ‘too dangerous’ to be granted bail
Ratlou also pointed that the state needed enough time as this was not a case involving one matter. There are 18 dockets and it is understood that there are six other dockets from different police stations awaiting finalisation.
Defense attorneys told the court that the issue of more charges or other dockets was nothing new. Uriesi and Nkgwang put a notice in terms of Section 342a of the Criminal Procedure Act of 1977, to have charges withdrawn against the accused because they feel that there are unreasonable delays in the matter.
Magistrate Godwin Sadiki agreed with the defense attorneys that the state was dragging its feet in this case. Sadiki said the notice by the two attorneys will be considered at the next appearance, depending on what the state will bring to court.
The magistrate ordered the state to speed up investigations and bring tangible and solid evidence to court at the next appearance.
The case has been remanded to 20 March for further investigations.
