Ver­dict fi­nal­ly out: no bail for Mo­lo­si mur­der accu­sed But two sus­pects still re­main ho­pe­ful for bail

Knysna-Plett Herald - - Crime - N­wa­bi­sa Pon­do­yi

The three men accu­sed of the mur­der of Knys­na coun­cil­lor Vic­tor Mo­lo­si in Ju­ly, we­re de­nied bail by the Knys­na Ma­gi­stra­te’s Court t­his week.

In her judg­ment on Tu­es­day 20 No­vem­ber, ma­gi­stra­te De­ni­se O­ber­hol­zer said for­mer coun­cil­lor Ve­li­le Waxa (Knys­na, Ward 4) and his co-accu­sed Ma­wan­de Mak­ha­la and Pa­trick Ve­la Du­mi­le had fai­led to pro­vi­de any ex­cep­ti­o­nal or sub­stan­ti­al ci­r­cum­stan­ces to be re­le­a­sed from cus­to­dy.

The men fa­ce char­ges of pre­me­di­ta­ted mur­der and we­re ar­res­ted in Au­gust fol­lo­wing the mur­der of Mo­lo­si, who was gun­ned do­wn me­tres from his ho­me in Con­cor­dia on 23 Ju­ly t­his y­e­ar.

O­ber­hol­zer said the three men had not been ho­nest a­bout pre­vi­ous con­victi­ons and pen­ding mat­ters. Ad­dres­sing Du­mi­le, she said, “It looks li­ke you’re in­vol­ved in cri­mi­nal acti­vi­ties… You’re not en­ti­re­ly ho­nest. You ha­ve sub­mit­ted dif­fe­rent ad­dres­ses and then la­ter ga­ve your gi­r­lf­riend’s ad­dress – which doe­sn’t ma­ke sen­se be­cau­se, i­ni­ti­al­ly, you said she stay­ed with you.”

‘In­cli­ned to mo­ve a­round’

She put it to Du­mi­le that he has the a­bi­li­ty and in­cli­na­ti­on to “mo­ve a­round”, that he is kno­wn at dif­fe­rent ad­dres­ses and doe­sn’t ha­ve a fixed ad­dress.

The ma­gi­stra­te ma­de men­ti­on of Du­mi­le’s he­alth and said she no­ted that he has dif­fi­cul­ty spea­king and wal­king but that his con­di­ti­on is not ter­mi­nal and he is re­cei­ving me­di­ca­ti­on.

Re­fer­ring to Mak­ha­la, O­ber­hol­zer poin­ted out that the ad­dress on the char­ge sheet con­tra­dicts the ad­dress in his af­fi­da­vit.

W­hen the po­li­ce ar­res­ted him, all his pro­per­ty was in a truck out­si­de his hou­se and du­ring a pre­vi­ous court ap­pea­ran­ce, he sta­ted the re­a­son as fe­a­ring for his li­fe.

But O­ber­hol­zer poin­ted out that at the ti­me of his ar­rest, it was not pu­blic kno­w­led­ge that he was a sus­pect and that he was pro­ba­bly on his way to the Eas­tern Ca­pe.

On Waxa, she high­lig­h­ted the fact that the accu­sed has two pre­vi­ous con­victi­ons of as­sault for which he paid an ad­mis­si­on of guilt fi­ne, but which he fai­led to men­ti­on to the court.

‘S­ta­te has a strong ca­se’

Ad­dres­sing Waxa’s con­ten­ti­on that his wi­fe and c­hild­ren would suf­fer fi­nan­ci­al­ly if he is to re­main in cus­to­dy, she poin­ted to his wi­fe being a de­pu­ty prin­ci­pal at a s­chool and ad­ded, “C­le­ar­ly she gets paid, so your fi­nan­ci­al loss is not ex­cep­ti­o­nal.” Be­fo­re de­li­ve­ring her ver­dict, the ma­gi­stra­te said the s­ta­te has a strong ca­se a­gainst the accu­sed, and that t­he­re is a strong pos­si­bi­li­ty that the accu­sed men would in­ter­fe­re with the ca­se; that all three men know the main s­ta­te wit­ness and that; as tes­ti­fied by the in­ves­ti­ga­ting of­fi­cer be­fo­re, t­he­re ha­ve been at­tempts to ma­ni­pu­la­te him. She said po­li­ce con­fir­med that the s­ta­te wit­ness was con­fron­ted by Du­mi­le’s gi­r­lf­riend and fa­mi­ly. O­ber­hol­zer said the court’s ob­ser­va­ti­on is that the ca­se is of an ex­cep­ti­o­nal na­tu­re and in­te­rest, not on­ly be­cau­se it is al­le­ge­d­ly po­li­ti­cal­ly mo­ti­va­ted but the pu­blic in­te­rest in the ca­se is pro­mi­nent. “E­very day the court is fil­led to ca­pa­ci­ty and out­si­de the pu­blic is vi­si­ble. The pro­ba­bi­li­ty of pu­blic dis­or­der is very li­ke­ly if the accu­sed are re­le­a­sed on bail,” she said.

She took no­te of and said the pe­ti­ti­ons han­ded in by the in­ves­ti­ga­ting of­fi­cer strongly op­po­sing bail far out­weig­hed the 941 sig­na­tu­res by Ward 4 mem­bers that he sub­mit­ted in sup­port of bail.

New at­tempts at bail

Be­fo­re the ma­gi­stra­te’s ver­dict, Du­mi­le’s la­wy­er T­ha­bo No­ge­ma­ne told the court that if his client’s ap­pli­ca­ti­on for bail was de­nied, he would re­ap­ply for bail ba­sed on new facts. The men are set to ap­pear on 13 De­cem­ber for a re­gi­o­nal court da­te to be set.

At­tor­ney Daan Derck­sen, who re­pre­sents Waxa, in­for­med Knys­na-P­lett He­rald af­ter the ver­dict that Waxa is plan­ning to ap­pe­al the ma­gi­stra­te’s de­ci­si­on.

Ac­cor­ding to Derck­sen the ma­gi­stra­te mis­di­rected her­self in va­ri­ous re­spects du­ring her jud­ge­ment but he de­cli­ned to dis­c­lo­se any furt­her par­ti­cu­lars, on­ly ad­ding, “The no­ti­ce of ap­pe­al will be fi­led with the clerk of the court to­mor­row.”

* Re­ad a­bout the fourth accu­sed, Mand­la Tyo­lo­lo, who is up for con­spi­ra­cy to mur­der, in the re­port be­low.

P­ho­to: S­te­fan Goo­sen

For­mer Knys­na coun­cil­lor Ve­li­le Waxa.

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