‘Their power is weakened’ - court hears VIP cops no threat to witnesses
Advocate Fanie Kabini has argued that the suspension conditions for the eight VIP protection officers accused of assaulting motorists on the N1 already warn them not to interfere with witnesses or tamper with evidence.
The policemen, who were members of Deputy President Paul Mashatile’s VIP protection security detail, appeared in the Randburg Magistrates Court on Thursday for a third day of bail proceedings.
They were suspended from the police service pending an internal investigation into the allegations against them, after they were linked to the video of the alleged assault that went viral.
Shadrack Kojoana, Johannes Mampuru, Joseph Mofokeng, Harmans Ramokhonami, Phineas Boshielo, Churchill Mkhize, Aggrie Rambau, and Moses Tshidada were arrested on Sunday following an investigation by the Independent Police Investigative Directorate (IPID).
Kabini, representing accused number two to five, listed some conditions: “They are not allowed to interfere with the investigation, including intimidation, victimisation and any form of influence to witnesses and destroying of any physical evidence.”
The state has premised its argument to oppose bail mainly on the alleged threats to a state witness via a text message which warned, ‘…you have made a lot of enemies in specialized units. We’ll deal with you.’
READ: VIP cops deny knowledge of ‘threatening message’ sent to witness
But Kabini said their power had been weakened despite the officers being highly-trained VIP protection officials.
“Part of their condition is that their powers as police officials are in abeyance. They were asked to hand over their service firearms, magazines, and appointment cards to their commander.
“All I wish to put to this court is that their position has been weakened,” he added.
Kabini also asked the court to set conditions similar to the ones laid out in their suspension orders, as it would be an effective mechanism to ensure they don’t interfere with the probe.
Meanwhile, the lawyer for accused number one, Advocate Mbhoni Mahlaule, argued the state has failed to produce evidence to support their argument.
State prosecutor Elise le Roux told the court they need at least a month to establish the originator of the text message, which was apparently sent from a so-called ‘burner phone’ yet to be traced.
READ MORE: N1 highway assault: Accused can afford R1000 bail, court hears
Mahlaule: “It is only a speculation that they will intimidate witnesses. We don’t have evidence that they will commit serious offences, that they will conceal evidence, that their release will cause a sense of shock in the public or undermine public order or otherwise jeopardise the criminal justice system in public.
“As it stands, we don’t even have protestors outside court indicating their dissatisfaction should the applicants be released on bail.”
The accused remain in custody after their matter was postponed to 1 August for bail judgment.
