Setting record straight

Irefer to your article “Court’s Monday Blues Delays Bail Application” (DD, Feb 5). Media have a responsibility to report objectively on matters. The article sought to distort the true state of what transpired in court on February 4 regarding the bail application in question. The purpose of this letter is to respond factually on what happened and to request you to set the record straight as the article incorrectly portrays the prosecution as incompetent and inefficient, which was furthest from the truth.

The bail application was scheduled to start at 9am in G court. This court is not equipped with holding cells. Security approached the magistrate to request that they be given time to arrange for another venue, which permission was granted by the magistrate. The prosecutor, Mr Botha, confirmed this with the magistrate and offered to assist in locating another venue. Mr Botha indicated he would get B court started while a venue was being sought and would revert to G court; which explanation was also accepted by the magistrate.

In the meantime, Mr Brown (legal representative for applicants 1, 3, 4 and 5), who had, at an earlier hearing, committed to being at G court on February 4 at 9am for the bail application, failed to honour his commitment and was absent. Mr Brown only arrived at court at 2pm.

Mr Botha was in fact most helpful to the court and his absence had nothing to do with the delay. If he had been at his post at 9am he would have contributed nothing to the proceedings as counsel for the applicants was absent. – Adv Indra Goberdan, Acting Director of Public Prosecutions: Grahamstown, Bhisho and Port Elizabeth, via e-mail