POLOKWANE – After a marathon bail hearing lasting longer than a month, Rameez Patel, who has been arrested on April 15 in Polokwane, will hear on Tuesday June 2 whether he will be granted bail or not.
Patel was arrested for the alleged murder on his wife Fatima on April 10. She was found in a pool of blood in their house, with no signs of forced entry.
A community policing official who was called to the house found the keys to the house on the outside of the door when he arrived at the scene.
On Monday and Tuesday, the state prosecutor Mark van Drunik and defence lawyer Tumi Mokwena delivered their closing arguments before magistrate Mohamed Shaik.
On Tuesday, confusion erupted in court when it was reported that samples taken at the murder scene for forensic tests, tested positive for gunpowder residue. It was only minutes later that it emerged that no gunpowder residue was found on either samples of Patel’s hands sent for forensic analysis. Gunpowder residue was found on samples taken from the deceased.
Van Drunik said the samples were taken after Patel went to take a bath at a family member’s house and had put on clean clothes on the evening of the murder.
Patel then returned to his house. Van Drunik said more information was to be revealed during the trial.
Mokoena earlier in the bail hearing said Patel’s bathing was as a result of his Islamic faith which dictated that his body and clothes should be clean when scripture from the Qur’an was recited or when they prayed, which he did with his family after the murder.
The arguments of the defence, who cited countless court cases, mostly was about the children and their need for their father as well as Patel’s right to freedom as per the Constitution.
The children, according to information revealed by Patel’s lawyer earlier, were living with their grandparents.
According to Mokwena Patel did not know what the charges against him were and therefore did not know how to defend himself. He argued that the state’s case was weak, with circumstantial evidence.
Van Drunik argued that the charge being a schedule 6 crime, Patel’s right to freedom was limited.
He also argued that Patel was not the primary caregiver and that the issue of the children’s interests were not paramount.
Van Drunik again mentioned the missing items of clothing, and shoes that were not yet handed over to the police as requested. He said the defence did not argue issues of exceptional circumstances as was required for Patel to be released on bail.
He further argued the community would lose trust in the judicial system if Patel was released and again mentioned threats against Patel expressed by community members.
Van Drunik said he himself was threatened at which Mokwena replied that this had nothing to do with Patel or the state’s application, as the accused, Patel, was in custody. He added he, Mokwena, had also been threatened.
Mokwena brought up the issue of the investigating officer, David Nkuna asking questions regarding injuries Patel sustained on his left hand pinky, and was told by Mokwena that he had violated the regulations pertaining to Patel, who opted to not give a statement before going to court. The document was handed in as evidence.
Mokwena again rejected the idea of Patel being a flight risk, saying his family, parents and children are here.
The magistrate said he needed sufficient time to go through the evidence and, as he had another matter scheduled for Friday, will on Tuesday June 2 give an outcome in the bail application.
