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Suspects get bail

The third appearance of 18 suspects, aged between 22 and 48, who are facing charges in terms of the Animal Protection Act No 71 of 1962 section 24 drew a lot of community interest when they appeared in court on Monday.

The men were arrested during a raid on a dog fighting ring in Tsakane on November 3.

The suspects entered Tsakane Magistrates Court A with their faces covered. Some used the clothes that they wearing to hide their identities while others were given clothes to cover their faces by relatives and friends who were waiting for the court’s proceedings.

After appearing last Monday, in the same court, five of the suspects were granted bail of R500 each while the remaining 13 were held in custody until their third appearance this week when they were all granted bail.

Representing 15 of the 18 suspects attorney explained to the court that three of his unemployed clients could not afford to pay the bail and therefore they urged the court to release the men on a warning.

The first witness called to the stand by the public prosecutor Wonder Sitali was SAPCA’s inspector, Andries Johannes Venter, a manager in the farm animal protection unit who was one of the officials from the SPCA who responded and attended to the scene on the night the syndicate was bust.

In his statement, Venter painted a picture of what the situation was on their arrival on the scene.

He said gaining access to the yard where the fighting ring was, was difficult as the walls surrounding the yard are too tall for one to see what is going on inside the premises.

He said difficulties in gaining entry to the premises made the SPCA believe that the illegal dog fighting, a criminal act, was well organised.

When asked by magistrate Mandla Mthobeni if he opposed the accused being granted bail he said yes, explaining that if the men were not granted bail it would send a message to the community that dog fighting will not be taken lightly.

He said in his 19 years of experience of working at the SPACA it has never been easy to catch the illegal dog fighters in the act, despite many cases of such acts taking place.

Venter made it clear to the court that the SPCA opposed bail to the suspects.

The second witness called to the stand was the investigating officer, detective James Mabitsela who was asked by the magistrate to verify the suspects’ home addresses and, in his opinion, whether the suspects pose a flight risk which would see them missing their next court appearance.

Mabitsela responded that he has no evidence showing that the suspects may flee and not appear in the court on the date to be set, therefore he was not against them getting the bail.

Before announcing his decision, Mthobeni first thanked the suspects for their good behaviour during their appearances. He extended his thanks to the community as well for their good behaviour.

He added that the non-violent behaviour of those who were opposed to the granting of bail for the suspects made the court’s proceedings to go well. Among those present outside the court, bearing protest signs against dog fighting, were members of Beauty Without Cruelty and Community Led Animal Welfare.

All the suspects, standing to await the magistrate’s decision, seemed worried, however, they they were relieved to here him tell the court that they would all be released on a warning, meaning that bail was not paid and they will be free until their next appearance in court on December 3.

The conditions on their release were clearly read to them stating that each of them who is in possession of the domestic animal should take their animals to the Brakpan SPCA before or on November 22 and that they should not intimidate the state witnesses.

The magistrate explained to the suspects that should one of them fail to comply with the conditions, a warrant of arrest will be issued against the suspect.

Explaining her feelings Dr Smaragda Louw, one of the members of the Beauty Without Cruelty who were protesting outside the court, said they understand that the magistrate did not have the choice but to grant the suspects the bail, however she says they feel that the conditions on the suspects’ bail are not strict enough.

The suspects will again appear in the Tsakane Magistrates Court on December 3.

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