New charges for ex-ANC staffer in heist trial
Present was not positively identified at the identity parade, says lawyer
WITH the former ANC Luthuli House staffer now charged with attempted murder along with his alleged R250000 cash-in-transit heist, the case’s docket has become a contentious issue for the defence.
This emerged yesterday when Errol Velile Present, fired by the governing party last month, appeared with his three co-accused on additional charges, which were added to the original robbery with aggravating circumstances count.
The new charges announced by State prosecutor Paseka Tameli in the Roodepoort Magistrate’s Court included the alleged attempted murder charge as well as the possession of suspected stolen vehicles for all four accused.
Present is accused number four, the others are Zakhele Zondo (1), Itumeleng Manama (2) and Bheki Biyela (3).
These crimes relate to an incident last month at a mall in Dobsonville, Soweto, where the four are alleged to have “forcefully” robbed a G4S cash van shot and critically injured one of the guards.
But the defence lawyers asserted yesterday that they were caught unawares by the additional charges, launching into applications for magistrate John Baloyi to order the State to grant them the case docket for the legal representatives to better prepare for the bail application.
It also emerged from Present’s lawyer Ben Modumaela that the former ANCstaffer was not positively pointed out at an identity parade conducted by the police last month.
Modumaela drew gasps from the public gallery when he said all four of the accused were not positively identified by four witnesses during the parade.
Modumaela claimed he didn’t know why his client was charged with possession of suspected stolen vehicles, saying Present was nabbed by police while walking in the street and nowhere near a suspected stolen car.
Nthabiseng Mohomane, legal representative for Manama, charged that the State’s opposition to handing over the docket equated to her and her client entering a fight arena while blindfolded.
“I submit, if that is not the case (being granted the docket), the accused’s right to a fair trial is infringed (upon) in terms of the Constitution,” Mohomane contended.
Brighton Hlayisani Taula, who also requested the docket and relevant statements, and represents both Zondo and Biyela, said the State could conceal the names and particulars of its witnesses.
Taula added that the witnesses’ particulars weren’t important, rather the contents of the docket, for him to thoroughly advise his clients as well as preparing for their bail application.
Prosecutor Tameli countered the lawyers’ plea for the docket, saying the State would call the lead investigating officer to tell the court about the case’s contents, for the magistrate to make an informed decision on whether to grant bail or not.
Tameli said the State would provide the docket during the trial.
The case was postponed until Friday.
A decision is expected then on whether the docket will be given to the defence or not.