The state pulled out all the stops in a bid to ensure that the 41-year-old Congolese suspect linked to the Zanzou night club torture case isn’t released on bail.
During its arguments in the man’s bail application, State Prosecutor Advocate Anna Bosman revealed that the man entered South Africa without relevant documents that permit him to do so.
Bosman says they could not find any proof that he presented the documents when he first entered the country.
He is said to have applied for the documents on the 14th of February, five years ago.
Advocate Bosman says although the accused applied for asylum, it is still pending, and he is in the country with only a temporary visa.
Defending the state’s view that the bouncer shouldn’t be granted bail, the prosecutor said should he decide to leave after being released, he will certainly find a way just like he did when he first entered the country.
She urged the court to take into consideration the risk of him absconding, not only because he does not possess all necessary documents for his asylum in SA, but also because he is now aware that he possibly faces conviction.
Advocate Bosman believes that the magnitude of charges of violence made against the Congolese man are too atrocious and go against the country’s Constitution.
According to the state, so far, three witnesses who have taken part in identity parades have positively linked him to the accusations.
Advocate Bosman says although the alleged incidents were done in 2023, witnesses only opened up recently because they feared for their safety.
The state attempted to also present a witness in the case to testify against the suspect in court, saying that the witness’s evidence is credible.
The defense quickly dismissed the request and suggested that the state argue its case as expected.
In another turn of events, Bosman said the suspect changed his appearance shortly after the allegations were made against him by cutting off his beard, suggesting that he wanted to evade detection from authorities.
Defense Attorney, Nakedi Mamogobo, says his client harbours no anger against anyone and would appreciate staying in the country to continue working for his family.
He says he will not do anything to jeopardise proceedings in his trial.
Mamogobo also argued against the claim made by the state last week that the accused is fearing for his safety or his family’s, saying that it is in the justice system’s best interest to release his client on bail as his family’s livelihood could be jeopardised by his lengthy stay in custody as he is the sole breadwinner at home.
On the theft conviction the accused has, Mamogobo appealed to the court to disregard an offense his client made in the past because it occurred over a decade ago and he has not had any other offenses since then.
The suspect’s identity remains a mystery as investigations into the case continue.
Presiding Judge, Ernest Mbembele, has requested additional time to analyse all the arguments brought before the court.
Judgment on the accused bail application is expected on the 9th of this month. Written by Odirile Rabolao
Written by: Lindiwe Mabena
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