MBOMBELA – The so-called SANParks five, accused of rhino poaching, were allowed to visit the scene of their alleged crimes in the Kruger National Park (KNP) on Monday, in terms of a court order. This was requested by their defence advocate on Wednesday.
The five accused are Mr Duncan Mnisi (34), Mr Tiyene Mabunda (25), Mr Charles Mabunda (29) and husband and wife Mr Doctor Mabuza Mgwenyama (33) and Elleraine Jennifer Brown (28). Mnisi, both Mabundas and Mgwenyama were arrested on February 29, 2012 after tourists came across two dehorned rhino carcasses at Nape Boulders near Pretoriuskop in the KNP on the night of February 27.
During their bail hearing in March that year, Mnisi testified that he was driving an official vehicle on the night of the alleged poaching. According to Mnisi’s testimony, Mgwenyama instructed Charles Mabunda to fetch him and they used the official vehicle to collect Mnisi and Tiyene Mabunda. Mnisi further testified that they were carrying an R1 rifle and that the four drove until two rhino were spotted. Mnisi testified that Mgwenyama shot the animals and that all four of them assisted in the removal of the horns.
In May 2013, a fifth suspect, provincial traffic official Ms Elleraine Jennifer Brown was arrested. She is the wife of co-accused, Mgwenyama. The five appeared in the Nelspruit Regional Court on Wednesday when Adv Hugo van der Westhuizen, the legal representative for all but one of the accused, Mnisi, requested that their case be postponed, as he wanted to arrange an inspection in loco to inspect the charge of malicious damage to property against his clients.
This was one of the seven poaching-related charges that all five of the accused were facing. The magistrate, Mr André Geldenhuys, did not want to grant the postponement. “This trial has been dragging along for too long,” Geldenhuys said. This comment rang true as four of the accused had been arrested more than three years ago.
Lowvelder previously reported that Mnisi, both Mabundas and Mgwenyama were granted bail of R20 000 each after spending almost a year in prison. Geldenhuys asked the accused whether they understood the charges against them.
“No,” was the answer that came from Mnisi and Mabunda. Court adjourned and Van der Westhuizen consulted with his clients. It transpired that a different dialect of Shangaan was required and court adjourned again for more interpreters to be arranged. After a communication channel to suit the accused’s every need was established, all five pleaded not guilty to all charges.
“Your Worship, the defence requests a postponement. A visit to the scene of the alleged crime is required at this stage,” Van der Westhuizen said. “Based on the averments that the state is going to make and the charges against my clients, it is of paramount importance that the scene be inspected.”
He further requested that the accused’s bail conditions be amended, enabling them to enter the park for a day.
The accused were normally banned from the park. Geldenhuys amended their bail conditions, allowing them to enter the park on Monday for the purposes of conducting the inspection. “You will enter the park for an informal inspection where I will not be present, at the Phabeni Gate with senior state advocate Erwee, Adv Van der Westhuizen and certain park employees and will not be allowed in the park without the company of at least one of these people. You will not be allowed access to the park except for in these circumstances.” August 3 and 4 were announced as trial date in the case against the accused.
