Arthur Kaplan boss granted R100,000 bail, but he'll remain behind bars

Businessman and jewellery heist accused Hoosein Mohamed has been granted R100,000 bail, with strict conditions. 

The former boss of embattled jewellery chain Arthur Kaplan was arrested on June 1 and charged with assault and pointing a firearm after a violent confrontation with Arthur Kaplan liquidator Laila Motala.

Mohamed was denied bail by Randburg magistrate Liezel Davis, who said he should remain in custody as he had lied in court, interfered with witnesses and had “a propensity to commit schedule one offences”. She was referencing past charges of assault laid against him. 

But Mohamed took the decision to the Johannesburg high court on appeal on Friday.

He is currently in hospital and was represented by a powerful legal team headed by Dali Mpofu, who argued that the Randburg magistrate’s court had erred in refusing his client bail. 

Mpofu’s junior, Ashika Ramlaal, told that court Motala’s claims of assault and ongoing fears for her life were untrue and that her case against Mohamed was “a contrived application with the ulterior motive being to keep the accused in custody”. 

Mohamed is also accused of being involved in looting Arthur Kaplan stores, from which about R50m in diamonds and high-end jewellery went missing. That case is set to be heard later this month, according to Motala’s lawyer, Ian Small-Smith. 

Prosecutor Namika Kowlas said denying Mohamed bail was correct as he had access to his cellphone in custody and brazenly violated an agreement signed with Sandton City to never carry his firearm on the property, with even police officers afraid of him. 

Judge Betty Mahalelo disagreed and granted Mohamed bail with strict conditions. 

Mohamed’s legal representative, Mohseen Mayet, told TimesLIVE: “I confirm that my client’s appeal was upheld and bail was granted.” 

His other lawyer, Ian Levitt, said: “We are ecstatic and looking forward to exposing the truth in this matter.” 

However, Mohamed will remain in custody as he is under arrest for his alleged involvement in the jewellery heist and will have to apply for bail in that matter when the case returns to court later this month.

Small-Smith said: "My client, though disappointed, accepts the decision of the court."

TimesLIVE