POLOKO TAU
THREE Soweto police officers and five other suspects in a R160 000 robbery case are finally out on bail.
Granting bail in the Protea Magistrate’s Court yesterday, magistrate David Mhango condemned the State for failing to back its affidavit with evidence in opposing bail.
The eight suspects, who have been behind bars for three weeks, looked visibly relieved when Mhango granted them R8 000 bail each.
Moroka police Sergeant Brenda Letsiela, 36, her partner Frans Ndlayane, 54, Moroka Tactical Response Team constables Trevor Mbhalati, 27, and Warren Tshitakole, 29, former reservist constable Zakhele Sikhosana, 27, Letsiela’s cousin Musina Silasi, 57, her brother-in-law Richard Funani, 40, and Frans Madondo, 49, were arrested earlier this month.
The accused allegedly used a marked police vehicle when they held four security guards at gunpoint before opening a safe with a grinder and stealing cash at a service station in White City Jabavu last month.
After two days of hearing a bail application, magistrate Mhango said the State had failed to give the “degree of participation by each suspect” in the alleged crime. He added there were “deficiencies” in the State’s evidence, although the State had said in opposing bail that there was a strong case against the suspects.
The State indicated to the court that statements had been taken from its witnesses, including a former accused in the case, Bongani Mpakane, against whom charges were withdrawn after he turned State witness and implicated the eight suspects.
“I expected the investigating officer’s affidavit to inform the court properly of the degrees of participation of each of the suspects. I would have expected (Mpakane) to tell the court how he directly implicates each of the suspects,” the magistrate added.
“The State relied on general grounds of opposing bail. The State could have (given) full evidence to help the court decide on the application.”
Letsiela was on bail and suspension with pay for another case when she was arrested. The State and defence contended during their arguments that Letsiela had been charged with theft and not robbery in a case in which police said a shop owned by a Pakistani man was “robbed” of R90 000 last year.
Mhango said the State had failed to submit certified documents as evidence in the pending case against Letsiela.
The case was postponed for further investigation to March 28.