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Three accused of Dr Nicholas Procter’s murder appear in Nelspruit Magistrate’s Court

The three accused men presented their cases for bail, providing reasons such as family responsibilities and fears of loss of employment. The state intends to object to these applications on February 16.

The three men accused in the Dr Nicholas Procter case, Bheki Ndlovu (38), Nkateko Tshidzumba (25) and Siyabonga Kekana (20), made their second appearance in the Nelspruit Magistrate’s Court today, February 14.

Procter was declared dead on February 1. His body was found in a flat in the Green Valley Estate in Mbombela, which was used as a vacation rental unit.

The accused are charged with murder, robbery, attempted theft and theft. These charges fall within the scope of Schedule 6 of the Criminal Procedure Act 51 of 1977. The accused therefore had to present to the court any exceptional circumstances that exist and why bail should be granted.

Procter’s stepfather, Jacob Vorster, and a colleague of his, Crystal Meletiou, were seated in the front benches of the courtroom. Vorster expressed his desire for the three accused to know who he is.

Siyabonga Kekana (20), Nkateko Tshidzumba (25) and Bheko Ndlovu (38) sitting in the accused bench awaiting the arrival of the Magistrate. > Photo: Yolandi Hyman

Also read: Tragic murder of Mbombela anaesthetist shakes community

After an anxious wait for the accused to appear, the matter was called at 14:06.

A private legal representative appeared on behalf of Tshidzumba and Kekana.

In Tshidzumba’s application, the court was advised that he intends to plead not guilty when the matter proceeds to trial. The exceptional circumstances presented to the court were that he is the breadwinner for his family, including his grandmother, uncle and cousin, all of with whom he resides in Soweto. He added that his unemployed girlfriend (20) is pregnant with his child, and he needs to provide for her and the unborn child. He fears that if he remains incarcerated, he will lose his job as a bus driver.

Also read: Dr Nicholas Procter’s family mourns a promising career cut short

Kekana, the youngest of the three accused, and Tshidzumba’s cousin, advised that he intends to plead not guilty. He works at a car wash, and with his salary he supports himself and his family. He fears for his job if he remains incarcerated.

The oldest of the three accused, Ndlovu, was represented by an attorney provided by Legal Aid. He read his affidavit to the court on his behalf. He is a father of a minor girl and is solely responsible for her maintenance. He stated his intention to plead not guilty in the trial, saying: “I am an innocent man, and the state has no evidence that I committed the offence.”

At about 15:30, the magistrate postponed the bail hearing to Friday February 16, to allow the state to present its objections to the bail applications. The state said it intends to call one of the investigators to the stand in its attempt to oppose the bail.

 

Siyabonga Kekana (20) and his co-accused and cousin, Nkateko Tshidzumba (25). > Photo: Yolandi Hyman

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