FAKE visitors delayed bail application for alleged Mpumalanga truck torchers.
Nelson Shongwe, Sibusiso Mthethwa, Fundile Mpondo, Mafika Sibande and Nkosikhona Gumede made their third court appearance in the Ermelo Magistrates Court on Thursday, 10 August.
The five men are charged with attempted murder, robbery, conspiracy to commit malicious damage to property, malicious damage to property, as well as possession of unlicensed firearms and ammunition.
The men were arrested last month after allegedly setting fire on nine trucks in the province. On 9 July, five trucks were set on fire in Waterval Boven.
Four of the trucks were heading towards Machadodorp, while one was heading towards Mbombela. It is alleged that two vehicles, a bakkie and a sedan with five occupants, stopped the trucks and ordered the drivers to take their personal belongings before setting the trucks on fire.
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On Wednesday 12 July, four trucks were set on fire in Sheepmoor between Piet Retief and Ermelo. It is alleged that the individuals emerged from the roadside near the N2 toll road. The suspects then approached the trucks with firearms and demanded that the drivers get out or they would be burnt inside. The drivers then got out and ran away. The trucks were then set on fire.
Three trucks were set on fire, while only the driver's cabin of one was set on fire. A female passenger was also injured. At least 21 trucks were set on fire in the country during that period. The accused were to begin their bail hearing, but the defence informed the court that they could not consult with their clients because the prison authorities denied them access to the consultations.
Defence lawyer for accused one, two and five, Senzo Mabaso, told the court that they had been trying to consult with the accused since Saturday to prepare for the bail application, but that they were trapped in a situation where they did not even know where their clients were being held.
"We could not consult in other prisons. We have been denied access to our clients. We are asking the court to issue an order allowing us to consult our clients whenever we want. We have not been given any reasons why we are not allowed to see them," he said.
State Advocate Fedile Tsotetsi said the investigation team had informed the prosecution that people were coming to prison posing as police officers or lawyers and wanted to see the accused.
"For their safety, the investigation team asked that they be separated.
"The same was told to their attorneys. I believe the heads of the prisons did not allow anyone to see the applicants because they felt they were not safe. Arrangements had already been made. We had agreed that he would assist them in the consultations," "she said
Magistrate Thamsanqa Makhunga said the court noted the lawyers' concerns.
He said: "The court is also concerned that all the five accused have fake visitors posing as officers so their safety is now at stake.
"The court cannot cast any blame to any heads of the prison for the refusal of the defence because this is for their own safety. The court orders today that through the prosecution attorneys, make arrangements so that the allowance or access be granted to the attorneys for consultation."
The matter was postponed to 5 and 7 September for bail hearing.
