accused

The accused abandoned the section 63 application after the Magistrate recused himself, leading to a delay causing the accused to bring a section 65 bail appeal, which was opposed by prosecutors and served before the High Court.

“The accused thereafter abandoned the section 63 application. That is now after the Magistrate had recused himself ... the accused then ... brought a section 65 bail appeal”

The accused had no chance to deal with the bail conditions and the conditions imposed by the magistrate were unreasonable.

“You know, as you sit in court, that the accused have not had a chance to deal with this. That is why you conceded in the court, in the Appeal Court.”

The section 27 referral made by Colonel Padayachee was not part of the formal docket given to the accused and was only dealt with in this Commission.

“As I understand it, and this is what we engage Colonel Padayachee on, the section 27 referral was not part of the docket. The entire docket has been disclosed to the accused, but the section 27 referral is not a part of that docket. It only became, it was only dealt with here, and was submitted to this Commission.”

The representations submitted by the accused regarding a matter before the court are under consideration by the prosecution team and are based on disclosed documents.

“You testified that those representations submitted by the accused are under consideration by the prosecution team and that they are based on disclosed documents.”

There was a stringent bail condition imposed that effectively suspended the accused by prohibiting them from going to work, although SAPS had not suspended them.

“a condition that is so stringent that its effect is to suspend the accused because what it meant is that they could not go to work”

Colonel Padayachee spoke to the prosecutor about the bail condition before leaving court, but the prosecution did not request the bail condition restricting the accused from going to the office during bail deliberations.

“I spoke to the prosecutor before I left ... the prosecutor did not speak anything about not going to the office”

Colonel Padayachee wanted the bail condition restricting the accused from going to the office because investigations were ongoing on the Secret Service Fund documents and related cases including the recruitment and appointment of Brigadier Mokwele.

“we were busy with investigations on the Secret Service Fund documents ... this case was about the recruitment and appointment of Brigadier Mokwele”

The bail condition was used to gain a benefit in respect of other ongoing investigations that were not yet complete, unrelated to the current case before the magistrate.

“you are using this case to get a benefit in respect of other investigations that are not yet complete”

The docket in issue is with the accused and it is not known what he is doing with it or to whom he has revealed its contents.

“There is no dispute about the fact that the docket in issue is with the accused. Nobody knows what he is doing with it. Nobody knows to whom he has revealed whatever content is there.”

Accused are considered dangerous contract killers and there were alleged attempts to bribe investigators, prosecutors, and/or the magistrate to get them out on bail.

“I informed them that the accused were considered dangerous contract killers and that there were alleged attempts to bribe investigators, prosecutors, and/or the magistrate.”

The information about bribe attempts came from a source alleging a lawyer was given a bag full of money to approach investigators and others to get the accused out on bail.

“the information was, remember, the attorney is already given a bag full of money. We must approach the investigators. If he fails, the prosecutors or the magistrate, because that is how disparate they showed that they want these people out on bail.”