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The Westonaria Magistrate’s Court bail application of 41 people accused of killing five people at the International Pentecost Holiness Church has been postponed in their absence.
This comes after an employee at the court tested positive for Covid-19 on Tuesday.
Among the 41 accused are a lawyer, a police officer and a South African National Defence Force (SANDF) soldier.
The accused face charges of murder, attempted murder, and malicious damage to property.
Lawyers representing the accused spoke to court officials through a fence as they discussed a new court date and how the bail application would proceed at the next appearance.
The matter was postponed to 27 July.
Eric Bryer, who represents two of the accused, said they were told that the court building was going to be disinfected.
“There are multitudes of difficulties in this matter. The accused were not brought to because of the coronavirus is rife and unsafe to bring them. The legal team was unable to consult with their clients, but the prosecution, with the consent of the chief magistrate, has agreed that bail application affidavits will be filed by this afternoon.
“The state will be entitled to reply to them by tomorrow afternoon by email, if necessary, supplementary affidavits will be filed on Friday. We’re hoping the matter will be set down on Friday and proceed,” said Bryer.
Bryer added that another magistrate was ready to conduct the bail application in the parking lot last week.
“The chief magistrate has his own views. He wants each application to be read into the microphone in case affidavits go missing. Each magistrate has his own views and regulations.
“We hope the court will be decontaminated by Monday and we are able to proceed. The accused are different crowds. Mine are from a security company. There are a few church members among them,” Dryer said.
Three law firms are on record for the accused. One of the appointed lawyers is well-known advocate Barry Roux.
On 11 July, the church came under attack when a group of heavily armed attackers stormed the premises and opened fire, killing five people.
The 41 people were arrested on the scene after taking some people hostage. Members of the police’s Specialised Task Force freed the hostages.
Two people were injured when they became caught in the crossfire.
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