No bail for accused in policeman's murder
As a robbery suspect who allegedly shot dead a young policeman in January failed in his bid for bail on Tuesday, Constable Dwane Kemp’s widow said she was in the worst place of her life and just wanted a speedy trial going forward.
Denying bail to Sibusiso Mcunu, 24, in the Port Elizabeth Magistrate’s Court, magistrate Xolile Dlulisa said: “Unless something drastic is done to curtail crime, South Africa is facing anarchy.”
With all identity parades completed, Dlulisa set aside an order barring the media from disclosing Mcunu’s identity.
Mcunu was the sole survivor of a group of five men who allegedly robbed Le Bon Bakery in Central just before 9am on January 21.
Kemp, a member of the Port Elizabeth Flying Squad, died in hospital following a shootout at the scene.
Mcunu’s alleged accomplices – all released on parole shortly before the incident – were shot dead.
Candice Kemp said she was now also considering legal action against the correctional services department because she felt its decision to release the now-deceased robbers on parole was what ultimately led to her husband’s death.
“Dwane and I really shared a special relationship and the best marriage anybody could ever put into words.
“That was stolen from us, all because our justice system has been run so poorly as a whole, which is why I would like to challenge and sue the state,” she said shortly after the court’s decision on bail.
“Because of the correctional services’ decision, my husband lost his life.”
Quickly stubbing out any hopes at freedom in court earlier, Dlulisa said at this stage of proceedings there was already a strong prima facie case against Mcunu.
He said if convicted, Mcunu could serve a lengthy term of imprisonment as he was facing five counts of murder in addition to attempted murder and armed robbery charges.
He had been linked to the offence through his father’s firearm, as well as a vehicle in his father’s name.
In addition, clothing matching the description of the items worn by one of the alleged perpetrators in the bakery’s CCTV footage matched the items found in Mcunu’s bedroom at his father’s Algoa Park home.
He was also identified in a formal identity parade.
“Bail is not intended to pronounce the guilt of a person and an accused cannot be kept in custody as a form of punishment,” Dlulisa said.
“But justice needs to be seen to be done. Everyday life needs to be normalised.
“Citizens of any country should be allowed to enjoy the peace and tranquillity of their homes and lives.
“This seeks to underscore that applying for bail is no longer business as usual.
“An applicant must now convince the court that exceptional circumstances exist.”
Candice said she and her husband had two children that she now had to raise by herself.
“Dwane was my reason for succeeding each day, which was why we had such a great life.
“I literally had something with Dwane which most people search for their whole life.
“This whole thing has had a huge life impact on my little family,” she said.
“I’m glad this guy was denied bail but it still doesn’t bring Dwane back.”
The case was postponed to April 23.