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MBABANE – The court has reserved its judgment in the bail application of Senzo Motsa.
Motsa is one of the accused persons in the E1.1 million Riverstone Mall heist. The offence was committed on July 2, 2012.
The accused person appeared at the High Court for the hearing of his bail application on Wednesday. The bail application was argued before Judge Zonke Magagula, who after hearing arguments of both parties, reserved his judgment.
Motsa is represented byAdvocate Mduduzi ‘Tsotsi’ Mabila, who had been instructed by Linda Dlamini of Linda Dlamini and Associates.
Motsa was recently extradited from the Republic of South Africa where he spent seven years in prison. According to the Crown, it would not be in the interest of justice to release Motsa on bail.
Dangerous
The investigator of the matter, Assistant Superintendent Junior Dlamini, submitted that Motsa ‘is a danger to society as he and his crew have access to dangerous weapons like firearms’.
“It is not known when they will strike again,” said Dlamini.
In his replying affidavit, Motsa contended that when the offence was committed, he was not in the country and was innocent of same.
He averred that if there was any form of evidence against him, the Crown would have disclosed same in its papers.
“I am advised and verily believe that a criminal charge is not a hideand-seek game, wherein the participants have to hide information from the other. Furthermore, if the alleged witnesses are known to me, what purpose does it serve not to disclose them,” submitted Motsa.
He contended that the Crown had failed to provide any facts from which the court might conclude that he was a danger to society.
According to Motsa, the prosecution merely contended that with his crew, they had access to dangerous weapons like firearms, which could endanger the lives of the Crown’s witnesses, yet it was common cause that when he was arrested, he was never found in possession of any firearm. “I reiterate that I am not a flight risk as I have always abided with bail conditions when released and I have demonstrated that whenever called upon by the police to submit myself,” he argued.
Voluntarily
Motsa further told the court that, handing himself over to the police in the Pigg’s Peak robbery case was indicative of the fact that whenever he was required or expected to submit to the lawful authorities, he did so voluntarily. He went on to allege that officer Bhiza Dlamini threatened him with death and he informed him about that telephonically as he suspected that he was involved in the Riverstone Mall