#SiamLee murder accused granted R40 000 bail

AFTER five months behind bars the man accused of kidnapping and murdering Siam Lee has been released on R40 000 bail.

Magistrate Mohamed Motala said the fact that the 29-year-old man, who allegedly killed and dumped the Durban North woman’s body in a sugarcane field in New Hanover in January, had no prior convictions was the biggest factor in his decision.

In a marathon bail hearing with 11 postponements at the Durban Magistrate’s Court, Motala said despite public outrage and opposition to bail he had a duty to remain impartial and not to be swayed by public opinion.

“The accused has the right to be considered innocent until proven guilty,” he said.

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Because the State could only present circumstantial evidence pertaining to the kidnapping and rape case of one of the state witnesses during the bail hearings  Motala said he was ‘hard pressed’ not to grant bail. What’s more he said the State was unable to provide proof of the time, place and manner of Lee’s murder.

The Assagay resident cannot be named due to the  additional rape charge.

He also said he did not believe the accused was a flight risk.

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“While I sympathise with the family of Lee it is highly important for me to fulfill my oath of office and to act without fear, favour or prejudice,” the Magistrate told a packed courtroom on Wednesday.

The accused was released on bail conditions which include, having to live at his mother’s house in Pietermaritzburg and reporting to his nearest police station at least three times a week. Should he leave the province of KwaZulu-Natal for business dealings in Gauteng, his bail conditions remain the same. He was also strongly warned by the Magistrate not to interfere with State witnesses.

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