Mpho Msauli murder case postponed to next week

Magistrate Mtimkhulu will hand over the bail judgment in the case pertaining to the killing of Mpho Msauli.

The court proceedings were remanded to August 21 for bail judgment after the court heard both the state and defence attorneys conclude their submissions on Wednesday.

The state began by reading a petition by residents of Phiri who made their plea for the court to not release the applicant on bail.

The petition signed by 140 residents cited the community’s dissatisfaction with the killing of Msauli and concerns for the witnesses in the matter.

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The petition also read in part that the community felt the accused was also not safe as the perpetrator was still at large and could harm the accused to make the case disappear.

The attorney of the accused argued that the state did not prove beyond reasonable doubt why his client should not be granted bail.

He argued that the factors outlined in Section 60, sub-section 4 (A – E) in the criminal procedure act to be considered in the prohibition of bail of any accused were not proven by the state.

“The state’s case against the applicant before this court is weak. We are not here to speculate what the public might think.

Justice must be seen to be done in this court your worship. Going further, I haven’t heard of the ground which the state is relying upon to oppose bail,” the defence attorney told the court.

He continued to argue that the state’s point that the accused went to KZN to evade arrest was merely speculation and should be rejected.

The attorney said the applicant had proved in his explanation that he only heard the gunshot and that it was the passenger shooting and not him.

He argued that the circumstances of the case were one of an exceptional nature, citing that incarceration of an innocent person in an offense which he did not commit should be viewed to be exceptional circumstances of why he should be let out on bail.

The state’s submissions – similar to the petition, opposed the applicant’s bail citing the accused should remain behind bars.

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It argued that the accused was present when the incident happened with the suspect who was still at large – making him an accessory after the fact, on the matter.

The state also argued that the court considered that the accused opening a false case of hijacking indicated that he defeated the ends of justice and committed perjury.

It also said the statement of the accused had contradicting events such as that the accused did not willingly hand himself over as stated in his affidavit and was in fact evading his arrest.

The state said the accused was hiding out in Mtubatuba where his employer tracked him and returned him back into the province and instructed him to hand himself over.

This also doubled the states argument that if the accused is released, he could evade the case and was a flight risk.

He also raised that the suspect, who was still at large, could be looking for the accused

The state also argued that the release of the applicant would disturb public order and would compromise the confidence of the community in the justice system.

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“We feel confident and hope that the state’s submission was enough. We will hear the decision of the court.

“When we left the court yesterday, we rounded up a petition because we are concerned what will happen to the case if he is let out especially because the perpetrators is still out there and may look for him to kill or harm in order for the case not to continue.

“We know that there are talks that the shooter has already threatened to kill the girlfriend of the accused and was the one who forced the accused to open that fake case,” Nhlanhla Tshabalala said.