POLOKWANE – Rameez Patel, who faces a charge of murder after the death of his wife Fatima two weeks ago, was denied bail in the district court in Polokwane last Friday.
Magistrate Mohammed Shaik noted that the state opposed bail. Despite Rafique Essa, Patel’s attorney’s plea that his client should be released on bail for the sake of his three children aged eight, four and four months old, Shaik said there were two ways of applying for bail: either through a formal bail application or by the accused taking a stand in the witness box and he testify and in turn be cross examined.
For a schedule six offence, the accused has to adduce evidence to satisfy the court that exceptional circumstances exist in which the interests of justice permit his release.
The court hearing such a bail application, when the offence is a schedule five or six offence, must conduct an inquiry before deciding to release the accused on bail and magistrate Mohammed Shaik said the court must be afforded the opportunity to do so.
Shaik said schedule six could be invoked in exceptional circumstances, but Alice Setagane, prosecutor for the state said they needed to compose a profile of Patel and collect further evidence and needed seven days to do that.
Essa said the children had lost their mother and to have their father also taken away from them, would result in more damage.
He said Patel has, since the day of the murder cooperated with the police. He said Patel has also handed in his passport. Essa submitted it would be in the best interest of the children if Patel be released.
Bail application was postponed to April 28.
Shaik said emotions aside, the law must be applied and the court must be allowed to thoroughly prepare, and for the state to so all facts must be considered by the court.
Patel is to remain in custody until the next court hearing.
