Two men accused of murdering racing champion Robert Wolk will remain in custody after the Kempton Park Magistrate’s Court denied their bail applications yesterday (October 13), ruling that they posed a danger to the community, reports Kempton Express.

Shezi (24) and Mthethwa (29) are facing charges including murder, possession of an unlawful firearm and conspiracy to commit murder.

Wolk was shot dead in Esther Park, Kempton Park, on September 16. The two accused were arrested on September 19.

Accused outline personal circumstances

During the bail proceedings, the legal representatives of both accused read their clients’ affidavits in support of their applications.

Shezi denied the allegations against him. The court heard that he has a two-year-old daughter and was self-employed, selling alcohol, at the time of his arrest.

He has no previous convictions but has two pending cases before the Tembisa Magistrate’s Court. According to his legal representative, he was due to appear in connection with those matters on September 23 but could not do so because he had been arrested in the Wolk murder case.

In his affidavit, Shezi said he had no travel document and would not evade trial, intimidate witnesses or interfere with evidence if released on bail. He said he could afford bail of R1 000, with his family willing to assist if a higher amount was set.

Mthethwa told the court that he has a four-year-old child and was self-employed as a car washer, earning about R400 a day when business was good.

His legal representative said he had no previous convictions or pending cases. Mthethwa also denied the allegations and undertook not to evade trial, commit further offences, intimidate witnesses or destroy evidence if released on bail.

He said he was a South African citizen without a travel document and could afford bail of R1 000, with his family willing to help if necessary.

During the bail proceedings of third accused Khotso Richard Mashao on October 2, the State outlined evidence it said linked Shezi and Mthethwa to the murder.

State outlines alleged evidence

The State told the court that a blue Volkswagen Jetta was seen fleeing the scene after the shooting. The vehicle was later spotted at a hostel in Vusimusi, Thembisa, where Mthethwa was allegedly found with its keys.

Further investigations allegedly revealed that the Jetta had been hijacked and that its owner had been shot seven times. Mthethwa was subsequently arrested in connection with the alleged hijacking and murder.

The State further alleged that Mthethwa admitted during questioning to taking Wolk’s cellphone to a man, who allegedly confirmed that Mthethwa had brought him the phone. Mthethwa then allegedly led police to Shezi.

According to the State, Shezi told police during questioning that he knew about the shooting and had shot Wolk.

Shezi allegedly led police to his brother’s home, where a firearm believed to have been used in the murder was found hidden behind a toilet and wrapped in a blue towel. The firearm was described in court as a black 9mm Beretta containing 17 rounds of ammunition.

The State opposed bail, arguing that the accused could evade trial, intimidate witnesses, interfere with the investigation or threaten public order if released.

State opposes release

It told the court that neither accused owned property or paid rent and that they could leave the hostel where they were living when arrested, making them difficult to trace.

The court also heard that Mthethwa had an outstanding warrant of arrest in a separate matter.

The State argued that both men posed a danger to the community and that it had a strong case against them. It also referred to an attempted murder charge linked to the blue Volkswagen Jetta allegedly used in the Wolk murder. According to the State, the vehicle had been hijacked and the victim had identified both accused.

In her ruling, the magistrate found that the accused posed a danger to the community and that there was a likelihood they could commit similar offences.

Court refuses bail applications

Both bail applications were refused. Shezi and Mthethwa will remain in custody until their next court appearance on November 10, when the matter is expected to return for further investigations.

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