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Sign board showing direction to Kroonstad
The family of the 25-year-old man who was killed and buried in a shallow grave on a farm at Kroonstad in the Free State, wants justice to be served.
The family, which was present during the bail application of the 80-year-old man accused of the murder, say they are devastated.
The accused has denied knowing or killing the deceased.
He also told the court that he will not evade the trial or tamper with evidence or interfere with the investigation if he is released on bail.
He is facing five charges, including murder and defeating the ends of justice related to the same incident.
A teenager has also appeared in court in connection with the murder.
In a bid to have the 80-year-old man released on bail, the accused’s defense attorney Roelf Van Wyk submitted to the court that he has co-operated with the authorities and there are no witnesses on his property.
He also argued that his client has no previous convictions or pending cases.
Van Wyk also told the court that people who attacked the 16-year-old minor, who is a second accused in the case, are well-known cable thieves.
“You have no proof of the incident that happened on his farm because you were not there and the accused cannot be placed in custody because he is not holding evidence the police is looking for,” says Van Wyk.
Opposing the bail application, the state argued that the accused failed to hand over his firearm which is alleged to have been involved in other matters.
State prosecutor Kgabi Ganyane also accused him of failing to co-operate with the police during the arrest.
Ganyane labelled the accused as someone who is easily triggered and is not afraid to take the law into his own hands.
The accused is alleged to have used his gun to defuse situations and the state says this is likely to happen if he is released on bail.
“A lot of evidence is pending and if he is released on bail, he will interfere with the investigation and this case has attracted much attention and caused racial tensions,” he says.
The family of the deceased says it is still waiting for DNA results. However, they say they have already identified the body.
The uncle of the deceased, Teboho Mashea says he was present when the shooting happened.
Mashea adds that he is still taken aback by the fact that their loved one was buried in a shallow grave without their knowledge.
“The owner of the farm took the phone of the deceased. My initial thought was that he had kept him alive and was attending to his wounds as he had shot him. We were devastated to find out he had buried him without our knowledge,” he says.
The EFF in the province says this case should serve as an example that no one is above the law.
The party’s provincial secretary Bosanku Msimanga says they are against the 80-year-old’s release on bail as arguments by his defense didn’t hold water.
Msimanga says, “We remain vehemently opposed to any idea that seeks to talk about granting this old man a bail. Even arguments that they were putting forward were not convincing. Amongst those arguments that he is older and has 80 years of age and can’t be arrested. By implication, this argument is saying when you’re over eighty, you’re above the law. You can do as you wish and you cannot be arrested.”
The state had initially sought to have the bail application postponed, citing the need to procure more evidence.
However, the court declined the application citing the failure to substantiate its case.
The bail application is expected to continue on Friday, with the accused remaining in custody.
