Rhino accused to help state
ONE of five men accused of conspiring to poach a rhino from the Inkwenkwezi private game reserve last week has turned state witness.
Simon Fakude was not in the East London Magistrate’s Court yesterday when his co-accused – including his brother Christopher Fakude – as well as Ernest Mdluli, Mlungisi Lekhuleni and Ntobeko Kumkani appeared to make formal bail applications.
State prosecutor Lerato Phakisi told presiding bail magistrate Nazeem Joemath that Fakude was not in court as charges against him were withdrawn on Monday in exchange for sensitive evidence that will implicate the four men.
They were arrested by members of the East London Dog Unit and Green Scorpions after being cornered on the East Coast Resort road near Chintsa on Sunday March 30.
At the time of their arrests the men, aged between 26 and 46, were travelling in a Toyota Avanza with an Eastern Cape registration plate.
Inside the vehicle, police recovered a hunting rifle with 15 rounds of ammunition, a homemade silencer, a hacksaw, an axe and a panga – tools which police said were used for poaching.
Legal Aid SA attorney Wandisile Mgangxela, who is representing Kumkani, yesterday pressed for the bail hearing to proceed.
Phakisi, on the other hand, asked the court to postpone the hearing until a Swati interpreter was appointed on behalf of Fakude, Mdluli and Lekhuleni. The three hail from Mpumalanga.
“We cannot continue with the application of one accused because they operated as a syndicate and hearing one accused’s application will be a prejudice to the case,” Phakisi said.
Mgangxela stood up and said: “The defence humbly requests the honourable court to proceed with the bail application of accused number 1 [Kumkani] as he has a right.
“The investigating officer is also present in court, I don’t see why we cannot proceed.”
Phakisi got up and informed the court that the state’s case rested on the testimony of Fakude, who had since been released from custody.
“His testimony intricately links the four accused.
“It will be better if the evidence is led together and not separately,” Phakisi said.
Mgangxela responded: “My client was not aware of the crime that was going to be committed, he is just a taxi driver.”
Phakisi shot back: “It is the state’s evidence that [Kumkane] at all material times acted with a cellphone, he was in communication with them [co-accused].”
Joemath put a stop to the argument and postponed the bail application to today for an interpreter and a lawyer to be appointed for the other three men.