“Due to the violence of the offence and for the sake of the community’s safety, the accused should remain in custody,” prosecutor Christine Molautsi said in her closing argument in the bail application of the eight accused, Kormorant reports.
She told the court that the community was shocked and outraged by the murders and that witnesses in the case have been threatened by some of the accused, and for that reason, bail should be denied to the eight people accused of kidnapping, robbing, raping and murdering Joey, 32, and Anisha, 30, van Niekerk in December 2017.
READ MORE: Brits court fit to hear Mooinooi murder case
Molautsi told the court that accused number one, a 23-year-old worker of the second accused, was a flight risk with a history of violence.
“We heard evidence in this case of his involvement in another gruesome murder in Rustenburg where the same modus operandi was followed. He was hired by the second accused to kill,” she said. She said that although he has a South African identity document, his origins are sketchy.
“He also knows the witnesses in the case,” she said.
About the second accused, a 52-year-old panelbeater and so-called mastermind behind the murders, Molautsi said the fact that he was behind bars has not stopped him from communicating and threatening witnesses.
“He played victim in the court, claiming police brutality, but even more perplexing was the fact that despite the wide media coverage, he came to court claiming not to know what was going on.”
Molautsi said he lied to the court about his properties and previous convictions. “If there is any question whether his release will put the community in danger, the answer is yes.
“The court heard about witnesses being in witness protection after their lives were threatened. It is the state’s opinion that he will continue.
“His wife testified about R1 million that was kept in his house, we don’t know if he has more money that he can take and move to another place,” she said.
She said the state is not sure who the third accused, an 18-year-old man and the brother of the first accused, is.
“He cannot be traced anywhere in the system, he is just from space.” He also worked for the mastermind, and is accused along with his brother of raping the two women. Molautsi said he would disappear if released on bail.
She said despite the fact that the fourth accused, a 36-year-old man who used Anisha and Joey’s bank cards on a shopping spree, had handed himself over to the police, he is not a suitable candidate for bail. “Assisting the police is not a free card to avoid prosecution.”
She said the same about accused number five, a 33-year-old man, who pointed out crime scenes to the police.
“His assistance helped the police in finding the victims’ vehicle, but then he claimed the police forced him. Despite the fact that he knew the police were looking for him, he went to his aunt’s place, and the police had to lie and wait for him. He tried to run away from the police, and this makes him an unsuitable candidate for bail.”
Molautsi told the court that the 29-year-old son of the mastermind drove the victims’ vehicle to where it was burnt. “He claimed ignorance in court, not knowing why he was arrested.”
She said his 18-year-old girlfriend (seventh accused) left home at a very young age and was a good candidate to be groomed by the so-called mastermind. “She also pointed out crime scenes to the police, but then also claimed she was forced. She and others knew what was going to happen and still chose to carry on, making them just as guilty as the perpetrators.”
About the mastermind’s 21-year-old wife, Molautsi said the police struggled to find her. “She knew they were looking for her, and with her husband in custody, why did she not report to them?”
“The state’s submission is that due to the degree of violence of the crimes and for the safety of the community, bail should be denied to all eight accused.”
Magistrate Semakuleng Thamage is expected to deliver his verdict on Thursday, April 26, 2018.
https://www.citizen.co.za/news/south-africa/brits-court-fit-to-hear-mooinooi-murder-case/
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