THE defence in the murder case against Abednigo Mbuyane said there are no factual facts that his life would be in danger if he is released on bail.
The 38-year-old is applying for bail in the Nelspruit magistrate court in Mpumalanga after he shot and killed traffic inspector, Thamsanqa Nkosi (34) after he found him with his wife at KwaNyoni Lodge outside Mbombela.
His lawyer, Advocate Zamokuhle Lukhele told the court that there are no factual facts that were given that his life would be at risk, he will interfere with witnesses or evade trial.
"The accused has no access to any evidential material to this matter and therefore he cannot conceal any evidence. There is no any other evidence that you received from the public that oppose the release on bail of the accused except for the statement obtained from the family of the victim," he said
He said the applicant's life will not be in danger when he is out of jail but in fact it will be more secure outside prison.
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"At this point the applicant knows no facts that points his life in danger. To substantiate that fact, he said that he will live far from Mganduzweni where the family of the victim resides.
“We have not observed any actions in a form of public display or protest that says the public does not want the accused to be released, “he said.
Lukhele said Mbuyane needs to be released on bail so that he can attend to psychological therapy as he is suffering from mental anguish.
"He has been receiving only counseling for spiritual purposes and not marriage counseling. He needs more than spiritual counseling, and psychological counseling which is not being offered in prison. He also confirmed that since his incarceration he has not received marriage counseling, yet he desperately needs it to deal with the trauma of finding his wife with another man," he said.
Meanwhile state witness, Warrant officer Jacobus De Lange said if Mbuyane is released on bail he will not hesitate to kill his wife who is a key witness in the matter.
"When the incident occurred, the wife got a chance to run away where there were people who protected her. He will not hesitate to kill his wife. There is always an ability for that," he said.
The matter was postponed to Wednesday, 03 May for further bail hearing.
