Defence argues for bail in ‘best friend murder’ case

Patel is accused of murdering his childhood friend, Jonah Mothilal.

Osborne began by disputing Mnogmezulu’s assertion that the state had a strong case against Patel, claiming their case was based on circumstantial evidence.

Explaining, Osborne noted that the evidence against Patel, including statements, was acquired under the guise of a missing firearm investigation before his (Patel’s) rights were explained in relation to a murder investigation. Patel was previously arrested by police in connection with his lost 9mm pistol which he failed to report.

This, according to Osborne, would ensure that the accused does not receive a free trial.

Returning to the firearm investigation, Osborne argued against Mngomezulu’s testimony that the state is awaiting two items to complete the case – one of which is a ballistics report. He reminded the court that police had yet to retrieve the 9mm pistol and questioned how ballistic testing would be conducted without the firearm.

Osborne contested the state’s argument that Patel is a flight risk. The state’s assertion is based on a message read by arresting officers on Patel’s phone, urging him not to leave Newcastle. Osborne maintained that the ‘cops grabbed Patel’s phone without permission’.

To emphasise his point,Osborne added that Patel does not have a passport and his family lives in Newcastle, so he has ‘nowhere to go or run to.’

In his previous testimony, Mngomezulu concluded Patel was a danger to himself and the public. He testified that reports from other inmates stated Patel was suicidal. Responding, Osborne questioned” “What did he do with the information? Did he place the accused on suicide watch or take him for an evaluation?”

According to Osborne, Mngomezulu ‘had lied and out of sheer desperation was throwing whatever lie he could to the court to convince the court to deny bail.’

He refuted Mnogmezulu’s testimony that public safety was at stake as he feared the public would take the matter into their own hands should Patel be released on bail. The state previously submitted a petition with 100 signatures from the community requesting that bail be denied.  Osborne contended there is no evidence that the public will take matters into their own hands and that Mngomezulu had not said what steps he has taken to prevent such. “Regarding the petition, the 100 signatures have not been verified; Mngomezulu simply accepted the word of the ringleader,” stated Osborne.

Finally, Osborne tackled the state’s assertion that should Patel be released, he would conceal evidence and tamper with the witnesses. Osborne questioned what evidence the accused could tamper with, reminding the court that the state had testified and was finished gathering witness testimonies. Osborne said the defence did not know what evidence the state had, questioning therefore what evidence the accused could tamper with.

Concluding, Osborne asked the court to set bail at an amount not higher than R5000, further stating that the state’s case was based on allegations with no evidence, which supports the exceptional circumstances for Patel’s release on bail.

In the state’s final reply, Zondi reiterated the earlier arguments in favour of the court’s refusal to grant bail, claiming that the defence had not demonstrated that Patel’s release on bail was permitted in the interests of justice.

The bail application judgement will be handed down on August 20.

For the full report, pick up a copy of the Newcastle Advertiser.

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