Cash heist accused in dock

A legal argument by defence lawyers to have access to “vital information” in possession of the state yesterday dominated proceedings at the trial of four men charged with attempted murder, possession of a stolen vehicle and robbery with aggravating circumstance – among them former Luthuli House-based ANC staffer Errol Velile Present.

Amid tight security, Present, Zakhele Zondi, Itumeleng Manama and Bheki Biyela appeared in the Roodepoort Magistrate’s Court in connection with last month’s Dobsonville mall cash heist that left a G4 security guard injured and R250 000 stolen.

The defence maintained the men could not be positively identified at an identity parade as having been involved in the heist, and Present’s photograph splashed in print and on social media before being on trial, was “unfair”.

Magistrate John Baloyi ordered the media not to take pictures in court, following a defence claim that photographs would jeopardise any future police identity parade.

Advocate for the accused Nthabiseng Mohomane said a formal schedule six offence bail application could not take place without the state granting the defence access to the case docket, charge sheet and witness statements.

“We want the state to supply us with all the documents at its disposal – blocking out names and telephone numbers of witnesses – to be able to make a bail application for a schedule six offence, which is serious,” Mohomane told the court.

“The absence of these documents is tantamount to going to a trial blindfolded.”

Opposing the defence bid to have access to the information, prosecutor Paseka Temeti said: “We can bring evidence and witnesses to this court to show the link between the accused and the incident in Dobsonville.”

Temeti said they could only grant the defence access to the documents during the actual trial, instead of during the bail application.

The case was adjourned until Friday for the court to make a decision on the matter.