It is clear that the assault on Rethabile Victor Mlotshwa was inspired by racism‚ magistrate Jongilizwe Dumehleli said on Thursday.
Dumehleli was delivering his verdict on the bail application by the two Middelburg men accused of assaulting and forcing Mlotshwa inside a coffin.
In a judgment that took about two hours‚ Dumehleli said that it was not in the interest of justice that Theo Martins Jackson and Willem Oosthuizen be granted bail.
“Based on all the reasons I’ve put‚ the respondents have succeeded. It will not be in the interest of the public for accused number one to be released on bail. Applicant two has also not been able to prove that he should be granted bail‚” Dumehleli said on Thursday.
In affidavits‚ the two accused claimed that they attacked Mlotshwa because he was stealing copper cables.
But Dumehleli said it was strange that the accused were able to film the assault but not the copper cables.
“None of the applicants explains what happened to the copper cables. They also knew where the police station is. They never brought the copper cables to the police station for safe custody. No reason was given where the cables where‚” Dumehleli said.
He went on to say that the applicants were “economical” in their explanation as to why they were in possession of a coffin.
“Since there is no evidence that the applicants own a funeral parlour nor were they preparing for a funeral‚ I’m only left with grave concern‚” he said.
Dumehleli said that he was disappointed that the police did not conduct forensics tests on the coffin.
“It is necessary for the coffin to go for a laboratory test to see if there are no traces of other people that have been in that coffin‚” he said.
The two will remain in custody until January 25 when they will appear in court again. It was the pair’s second application – they dropped their initial bail bid last month‚ citing security concerns.
UPDATE: Magistrate notes his ‘grave concern’ as he denies bail to #CoffinAssault pair
Dumehleli was delivering his verdict on the bail application by the two Middelburg men accused of assaulting and forcing Mlotshwa inside a coffin.
In a judgment that took about two hours‚ Dumehleli said that it was not in the interest of justice that Theo Martins Jackson and Willem Oosthuizen be granted bail.
“Based on all the reasons I’ve put‚ the respondents have succeeded. It will not be in the interest of the public for accused number one to be released on bail. Applicant two has also not been able to prove that he should be granted bail‚” Dumehleli said on Thursday.
In affidavits‚ the two accused claimed that they attacked Mlotshwa because he was stealing copper cables.
But Dumehleli said it was strange that the accused were able to film the assault but not the copper cables.
“None of the applicants explains what happened to the copper cables. They also knew where the police station is. They never brought the copper cables to the police station for safe custody. No reason was given where the cables where‚” Dumehleli said.
He went on to say that the applicants were “economical” in their explanation as to why they were in possession of a coffin.
“Since there is no evidence that the applicants own a funeral parlour nor were they preparing for a funeral‚ I’m only left with grave concern‚” he said.
Dumehleli said that he was disappointed that the police did not conduct forensics tests on the coffin.
“It is necessary for the coffin to go for a laboratory test to see if there are no traces of other people that have been in that coffin‚” he said.
The two will remain in custody until January 25 when they will appear in court again. It was the pair’s second application – they dropped their initial bail bid last month‚ citing security concerns.
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