Witness K says she's no flight risk as Mkhwanazi challenges charges in bail hearing
The bail applications of suspended Ekurhuleni Metro Police Department Deputy Chief Julius Mkhwanazi and Witness K have been postponed until Tuesday, when the Johannesburg Magistrate's Court will hear closing arguments before deciding whether the pair should be released on bail.
The pair appeared before the court on Monday following their arrest on Friday in connection with the alleged theft of precious stones worth nearly R15 million from a Killarney businessman in 2023.
According to the State, the stones were allegedly seized under the false pretence of a police operation before they were unlawfully taken.
Witness K previously testified before the Madlanga Commission of Inquiry, where she implicated Mkhwanazi in the alleged operation and detailed her own role in the incident.
In an affidavit supporting her bail application, Witness K argued that exceptional circumstances exist to justify her release pending trial.
She told the court she has strong ties to South Africa, no assets or immediate family outside the country and no intention of leaving before her trial.
Witness K also submitted that she would comply with any bail conditions imposed by the court and that her release would not interfere with the administration of justice.
"I submit that there are exceptional circumstances present to indicate that my release will not disturb the public order or undermine the public peace or security."
She further argued that being granted bail would allow her to adequately prepare her defence with her legal representatives.
In a separate bail application, Mkhwanazi denied any wrongdoing and challenged the State's decision to prosecute the matter as a Schedule 6 offence.
Through his legal team, Mkhwanazi argued that the complainant's own statements do not support a charge of robbery, but instead describe the alleged offence as theft by false pretences.
"The complainant does not at all support a charge of robbery."
Mkhwanazi argued that the State had incorrectly classified the matter and submitted that the allegations are more appropriately dealt with under Schedule 5 of the Criminal Procedure Act.
He further denied any criminal conduct arising from the charges against him and maintained that he is not a flight risk because of his longstanding ties to Gauteng.
His affidavit also argues that an accused person should not be kept in custody as a form of punishment before trial, relying on the constitutional principle that every accused person is presumed innocent until proven guilty.
