Man accused of inciting Senekal unrest has a previous conviction, court hears

The 51-year-old man, who was arrested following unrest at the Senekal Magistrate’s Court on Tuesday, has a previous conviction, the court heard during his bail application on Friday.

The accused on Friday made his first appearance in the same court he is accused of, among others, malicious damage to property.

He cannot be named until the outcome of his bail application after a request to the court by his defence team due to the sensitivity of the case.

The accused, who is not a farmer but the owner of a construction business in Senekal, applied for bail.

In his affidavit before court, read out by his defence attorney, the accused said he was convicted of theft in 2011 and was sentenced to three years imprisonment wholly suspended, on the condition that he repaid the money to the victim.

He entered a guilty plea in that matter.

In this matter, however, the accused told the court that he intends pleading not guilty to all charges.

Charges

According to the provisional charge sheet, the accused has been charged with malicious damage to property, public violence, attempted murder, and contravention of the Protection of Constitutional Democracy against Terrorism and Related Activities Act.

Farmer Jess de Klerk told News24 that the gathering was to tell the world how angry and disappointed they were after the murder of Horner.Supplied, Jess de Klerk

The State contended that the accused attended a gathering of farmers on Tuesday, ahead of the court appearance of the two men accused of murdering 21-year-old farm manager Brendin Horner.

At the gathering, he allegedly incited the crowd to fetch the suspects from the court’s holding cells.

Chaos erupted as a small group of people stormed the court building. A police vehicle was overturned and allegedly set alight during the fracas.

The attempted murder charge emanates from allegations that the accused tried to set the holding cells alight, and from two gunshots that were allegedly discharged in the court.

Shots

The investigating officer, Brigadier Tshokolo Posholi, who was cross-examined during the bail application, conceded that they did not know who fired the shots.

It was also alleged that a relative of the accused went to get petrol at a nearby garage, which is believed to have been used to set fire to the police bakkie.

It was further placed on court record that the accused allegedly assaulted a police officer as the group entered the court building. Also, that he and others later allegedly assaulted Sekwetje Mahlamba and Sekola Matlaletsa – the two accused in the Horner murder case.

Posholi said the accused assaulted the two men using a flat iron bar, which he also used to gain entry to the holding cells.Police vehicle destroyed in Senekal.Supplied, Chris Van Beljon

The State said the two accused in the Horner matter sustained injuries, and were subsequently taken to hospital for treatment.

However, according to the defence, they have two witnesses who were also in the holding cells, who would testify that the accused was not part of the action.

On the terrorism charge, the State said it still had to get the National Director of Public Prosecutions to officially authorise the charge as legally required, and documentation to that effect had already been submitted.

Defence

The accused said he had met all aspects in order to be granted bail, adding there was no evidence that he has a disposition towards violence.

He also said that, at the time of the alleged crimes, he was frustrated by the spate of farm murders in the country, but did not harbour any ill intentions towards anyone.

He also told the court that he has been diagnosed with bipolar disorder and has to take medication for the condition.

Through his affidavit, the accused also said he was not the leader of any organisation, party or group, and that when he addressed the crowd, it was a spur-of-the-moment decision.

The defence argued that the State does not have evidence implicating him in the crimes he has been charged with – and, as a result, it was a weak case.

Common purpose

The State, however, argued that the doctrine of common purpose came into play with this matter and that, essentially, he was the leader of the “mob”, as Posholi put it.

The State said: “It was clear that he was inciting people to join him, and he wanted action.”

Posholi claimed that they have a number of witness statements implicating the accused.

The matter was postponed to 13 October for judgment on bail.

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