Magistrate casts doubt on evidence against SANDF members accused of murdering Hawks investigator
Magistrate Hleziphi Mkhasibe has described the case against 12 SANDF special forces members accused of murdering Hawks detective Frans Mathipa as circumstantial and weak.
The 12 were granted R10,000 bail in the Randburg Magistrates' Court on Friday, 11 July.
The names of the accused, which the court had previously barred the media from reporting, are: Sunnybooi Pinny Wambi, Edward Albert van Deventer, David Mogaditswe, Kgosietsile Letsatsi, Samkelo Ngwenya, Jonathan Nteleza, Paulos Matlou, Herbert Mashego, Solomon Lechoenyo, Jacob Mokoena, Richard Mpoetsi and Olyn Lenardus.
Mathipa was shot on 6 August 2023, while driving on the N1 highway in Gauteng near the Hammanskraal off-ramp. He was on his way to a meeting, believed to be connected to his investigation into the special forces unit alleged to have conducted a kidnapping in 2022.
The 12 soldiers also face two murder charges related to that case. They are accused of kidnapping and killing alleged Isis associate Abdella Abadiga and his bodyguard Kadir Abotese on 22 December 2022.
The two have not been since they were allegedly kidnapped from the Mall of Africa and taken to Swartkop Military Base. They are presumed dead.
'At the time of the kidnapping, some of the applicants were not present during the crime,' Mkhasibe said.
She said the State possessed no evidence of the kidnappings of Abadiga and Abotese.
'Mr Abadiga's vehicle was seen leaving the Mall of Africa, but none of the applicants were seen driving the vehicle,' Mkhasibe said.
'There is no evidence that the applicants killed Mr Abadiga and Mr Abotese,' she said.
The court had heard that the 12 soldiers allegedly hired a hitman to eliminate the Hawks detective tasked with investigating Mathipa's murder, but the magistrate questioned the claim.
'The State advocate told the court that the applicants hired a hitman from KwaZulu-Natal to eliminate the detective, but there is no evidence,' Mkhasibe said.
Mathipa was killed soon after requesting information from the SANDF regarding his investigation into the kidnapping. The matter ended up in court, and the SANDF was required to hand over the information, but it refused.
Shortly thereafter, Mathipa was murdered. The court heard that the SANDF still hasn't handed over the information.
It is alleged that members of the special forces unit faked a hijacking to get rid of the BMW they allegedly used to carry out Mathipa's murder. They lodged an insurance claim while the vehicle was, according to prosecutors, left at a scrapyard.
The court heard that a burner phone used to allegedly lure Mathipa to his death was found inside the BMW.
Some of the accused acknowledged their presence at the Mall of Africa during the alleged kidnapping, but they claimed they were on a training exercise.
NPA 'disappointed'
Gauteng National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said the State was disappointed that the accused were granted bail.
'It's a disappointing outcome. As the NPA, we had opposed the release of the applicants, but the court deemed them suitable candidates to be released on bail for a fixed bail amount of R10,000,' Mjinondwane said.
She said the magistrate gave the NPA the green light to appeal against the decision, and that the State had put its best foot forward in this case.
'We are confident that we presented a comprehensive affidavit in court of how the accused are linked.'
The appeal against the bail decision will be heard on 17 July. DM
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