Drug lab bail dispute

THE bail application of two men alleged by the State to be associated with a drug laboratory in Waterfall was adjourned by a judge yesterday for a magistrate to clarify under what schedule the offence fell.

Judge Isaac Madondo directed that magistrate Wendy Robinson provide the Durban High Court with an affidavit stating whether the accused, Jerico Chetty and Norman Reyneud, were facing a Schedule 1 or Schedule 5 offence.

Robinson had denied them bail in the Pinetown Magistrate’s Court last month.

A Schedule 1 offence is regarded as uncomplicated. In a Schedule 5 offence, the court has the discretion to consider whether it is in the interest of justice for an accused to be granted bail or not.

Advocate Shane Matthews, instructed by defence attorney Manoj Haripersad, claimed in court papers that the State had initially agreed that the offence fell in the Schedule 1 category.

However, it had been changed to a Schedule 5 offence on the morning of the bail application in Pinetown, because the State had contended that Chetty and Reyneud were members of a syndicate, which included Denver Joseph and Gonasagren Mooroogasen who were also denied bail by Robinson.

Syndicate

“The magistrate never ruled on what schedule the offence fell under. It was never indicated by the court for the accused to adduce evidence in relation to the interest of justice. The State’s only ground in opposing bail was its claim that the accused would destroy or conceal evidence if released. At the same time the State alleged that other members of the syndicate were not arrested,” argued Matthews.

“That makes no sense. If that is, indeed, the case then the other suspects could conceal evidence while the accused remained behind bars. It is clear that the object of opposing bail is to punish Chetty and Reyneud.” The State denied this. State advocate Wendy Greef said the bail application had been handled by the prosecution on the basis of the offence being a Schedule 5 one.

“The grounds were laid out why the State claimed that Chetty, Reyneud and their coaccused were part of larger syndicate which was involved in another drug laboratory in Kloof,” she said.

“None of the grounds were seriously challenged. It is submitted that because the accused bore the onus of satisfying the court that it was in the interest of justice to release them, which they did not, their bid for bail should be dismissed.

“The accused did not testify and simply relied on affidavits which were handed in. In the main, their affidavits dealt with their personal circumstances,” Greef said.

“The investigating officer, Luke Tancel, was cross examined by the counsel of the accused. Reyneud was caught while dismantling an industrial mixer used for the manufacture of methaqualone. Chetty arrived while police were on the property.

“The back of the bakkie he was in was found to have contained traces of methaqualone,’’ Greef said.

The matter was adjourned.