No bail for accused in DA murder case

THE NORTHERN Cape High Court in Kimberley has dismissed a bail application by one of the six accused standing trial for the kidnapping and murder of Danielskuil DA councillor Johannes Baatjies and a family friend, Jeffrey Nouse.

Judge Bulelwa Pakati earlier this month dismissed a bail application by one of the accused, Zoniselo Richard Magawu, who brought the application on “new facts” that included problematic “dietary requirements”.

He has been in custody at the Kimberley Correctional Centre since his arrest in connection with the double kidnapping and murder that took place on August 19 2016. The State opposed the application.

In his affidavit, Magawu states that his continued incarceration prejudices his right to a fair trial, which is causing him irreparable personal and physiological harm.

Some of the new facts that he relied on during the application include: that he is diabetic and a chronic patient whose condition is exacerbated by the continued incarceration; he has been hospitalised and lost weight considerably; his eyesight has also deteriorated; and that he does not receive the diabetic diet prescribed by his medical doctor which is not provided by Correctional Services.

According to Magawu he constantly feels tired and hopeless, the prison is overcrowded and TB patients are placed in the same cell with non-TB awaiting trial detainees, there is a lack of hygiene and floor spacing is inadequate, while there is also no proper gym facility.

He further states that he suffers from stress and anxiety which leads to suicidal thoughts and that he was segregated twice with maximum sentence detainees as a “form of punitive detention without medical assessment.”

Onica Lerato Manaka, the Head of Kimberley Correctional Centre, testified that Dr Khantani had prescribed treatment for Magawu’s diabetes.

“Manake states that the applicant had a problem with Mr Morgan, the kitchen supervisor, which involved his diet that included starch, despite the doctor’s instructions that it should be starch free. She intervened and changed his diet to accommodate his demands. Manake testified further that the applicant was twice found in possession of a cellphone in contravention of the prison rules. That was when he was housed in A Unit. After the cellphone incidents he was moved to a segregation unit. She explained this as a unit where maximum offenders and those who infringe prison policies are kept. It is a single cell where a detainee is kept alone for his/her safety and protection. During November/ December 2017 while in segregation the applicant engaged in a hunger strike but Manaka successfully talked him out of it and he was removed from the said unit,” Pakati stated during her judgment.

Pakati further stated that the applicant indicated that his diabetic diet had not been provided to him.

“This information cannot stand in the face of Manaka’s testimony that the applicant’s diet was prescribed by the doctor and the prison officials adhered to it until he demanded that mealie pap be added. Despite the doctor’s instructions that it should be starch free. He did not lead evidence challenging the fact that the prison officials were aware of his condition and catered for his needs. Manaka testified that in trying to comply with the doctor’s instructions regarding his diet, taking into account the applicant’s demands, they had to reduce his vegetable intake,” Pakati said.

“I am not satisfied that the facts raised by the applicant are new and that the psychologist report does not establish exceptional circumstances for reasons already advanced. I am also not persuaded that he has discharged the onus resting on him to prove on a balance of probabilities that the interests of justice permit his release on bail and the application is dismissed, “Pakati concluded.

The case against Magawu and his co-accused is expected to continue next week.