MAKHETHA PLEADS WITH COURT TO RELEASE HIM AS HE IS AT RISK OF CONTRACTING COVID 19
Court went to break three times as temperatures got high in a bail application
The 67 year old man who is accused of killing three siblings at Queens Mercy near Matatiele in the Eastern Cape two weeks ago is pleading with the court to grant him bail as he is at risk of contracting Covid 19. Thabo Makhetha, also from Queen’s Mercy was applying for a bail at Maluti Magistrate court on Monday after he was arrested and charged with shooting and killing Tukelo,Lucky and Katleho, all brothers from Faro family.
His bail application brought the court to a standstill after three consecutive breaks were taken. Defence attorney, Mc Claude had brought Advocate Andrew Duminy to take over the bail application of the accused, who had to first consult with the murder accused. After the long wait, State prosecutor presented the case to the Magistrate and informed the court that they are opposing the bail as this was a premeditated murder. According to the investigating officer, the accused had planned to kill the three deceased after his son was killed at one of the deceased’s house last year.
From the day of the incident, the accused has been threatening to kill the three brothers and he successfully executed his plans. An argument ensued, when defence attorney stated that there is no merit in what the state is saying, because that has not been proven in court but rather assumptions. State further argued that on the day of the incident, the accused accosted the deceased who were in their car, he pretended that he was going to overtake, but instead, blocked their car, took out his gun and killed them.
A statement which was again denied by the defence attorney. The state further said, the case of the accused falls under section 6, however the defence argued with there is no merit in that but that the case should fall under section 5. It is at that point that Magistrate said that if the two parties don’t agree on the section, the state will have to produce a certificate as to why this case falls under section 6.
The state then requested that the case be adjourned until the 2nd of June, which of course caused another stir because the defence team was against the postponement as this case has been postponed a multiple times already and asked the court to adjourn the sitting for at least 10 minutes. After the break, the defence team said they provisionally accept section 6. They went ahead to request bail for his client under the context that his client is a businessman with two businesses, and that him being in custody could result in a loss as he has 6 children who are all dependents.
The accused further alleged that he has heart palpitations and his wife is not well and relies on him to assist with medication. He went on to say that he owns live stock and that he is at a risk of losing everything because of the high rate of stock theft . He continued and said that he is 67 and at high risk of contracting Covid 19. Makhetha was requested to give evidence, the session was adjourned for further evidence because already it was 1 o’clock. The session could not proceed after the break because there was no enough time for argument. The Magistrate has since adjourned the case to Tuesday for further evidence from Makhetha, the investigating officer is also expected to be in the dock to give his side of the story.
