Murder accused cop denied bail
A FORMER KwaMbonambi police sergeant who stands accused of killing her husband and their family friend was on Thursday refused bail by Empangeni Magistrate's Court.
Ntombizodwa Ntinga (44) and her co-accused Samkelo Mpanza (33) face two counts of murder, two of kidnapping, and conspiracy to commit murder.
All cases against the third accused, Thomas Zungu were withdrawn after he turned State witness.
The deceased, Warrant Officer Nkosinathi Ntinga and Mpendulo Mdluli were attacked at Ntinga's homestead on 1 August.
They were kidnapped and Mdluli was pushed out of the speeding vehicle, suffering serious injuries, to which he succumbed four days later at Inkosi Albert Luthuli Hospital.
W/O Ntinga’s bulletriddled body was found near the Msunduzi river.
Handing down her decision, acting senior magistrate Priscila Nhleko said Ntombizodwa faces a Schedule 6 offence and she had a responsibility to convince the court that it would be in the interest of justice to grant her bail.
Reasons for bail denial
Nhleko said the investigating officer (IO), W/O Qaphelani Mdluli said Ntombizodwa was seen in Richards Bay and KwaMbonambi with the still-at-large suspect, Mirror Khoza.
The IO also revealed that Ntombizodwa and Khoza, a Mozambican national, were in a romantic relationship, and her firearm was found at Khoza’s residence when he evaded arrest.
She said the defence did not dispute or challenge these submissions.
Magistrate Nhleko explained that the IO revealed that Mpanza had hired transport to take him and Khoza to Ntinga’s homestead, and told the driver they were going to steal firearms.
Ntombizodwa allegedly told Mpanza and Khoza that she would leave two guns on the windowsill and would leave the kitchen door open for them to gain access.
She further explained that in her confession statement made before Lieutenant Colonel Mkhabela, Ntombizodwa said she placed guns between the pedestal and the bed.
Nhleko said the defence failed to challenge these allegations made by the IO.
Nhleko added that W/O Mdluli further revealed that while in police custody, Ntombizodwa approached Mpanza and told him not to mention her name but place everything on Khoza.
She said this shows that if the court granted her bail, she would continue interfering with State witnesses and the investigation, and she may also disappear.
Flight risk concerns and interfering with State witness among reasons for denial of bail
Special circumstances
Nhleko said the affidavit brought forward by the defence and their argument did not state any exceptional circumstances, except that she needed to apply for her pension fund from her employer and move her child to her relative in Camperdown, near Pietermaritzburg.
W/O Mdluli said the accused intended to sell the homestead and claim life policies, which was also not challenged by the defence.
Nhleko said Ntombizodwa failed to discharge the onus as expected in a Schedule 6 bail application, reiterating that the applicant had a responsibility to prove that her release would be in the interest of justice.
She said there were no exceptional circumstances given by the defence.
She further said the bail hearing was moved from KwaMbonambi to Empangeni as the State fears for the safety of the accused.
She said the defence only pointed out that the State has a weak case and depended on State witnesses.