logo
Man denied bail in five-year-old murder case

Man denied bail in five-year-old murder case

The Citizen2 days ago
The case of three men accused in an incident that left a five-year-old dead in Soshanguve has been postponed to September 10 for a formal charge.
This follows the killing of Ditebogo Phalane, who was shot in front of his dad in a hijacking in the driveway of their home on May 10, 2024.
National Prosecuting Authority spokesperson Lumka Mahanjana said, 'The matter was postponed to September 10 for indictment'.
This, after one of the accused was denied bail by the Pretoria North Magistrate's Court on July 30.
'The Pretoria North Magistrate's Court denied bail to Elia Moeko (36),' she said.
'Moeko, along with his co-accused Ali Sithole (30) and Nido Gumbe (29), faces charges of murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.'
She added that Gumbe, a Mozambican, faces an extra charge of being in the country illegally.
Mahanjana said, 'The trio allegedly shot and killed Ditebogo during an armed robbery targeting his father, Tebogo Phalane, in the course of a hijacking.'
WATCH:
According to her, an intensive investigation by the Directorate for Priority Crime Investigation led to the suspects' arrest on May 23, 2024.
'The suspects were arrested while in custody at the Pretoria Moot Police Station on unrelated charges,' she said.
She added that while Sithole and Gumbe had previously abandoned their bail applications, Moeko submitted a bail affidavit.
Moeko claimed he needed to care for his two minor children and his late brother's child.
LISTEN:
'He further stated that his continued incarceration would result in a loss of income, as he operates a hair salon and offers school transport services,' said Mahanjana.
She added that prosecutor Advocate Tumelo Letaoana opposed the application and led evidence from the investigating officer.
'Sergeant Mashudu Savhasa testified that Moeko posed a flight risk, had misled the court by not disclosing previous convictions, and could endanger witnesses known to him,' she said.
Magistrate Maseena Khan ruled that the accused failed to prove the existence of exceptional circumstances that would justify his release on bail.
'As a result, bail was denied,' she said.
ALSO READ: Child kidnappings on the rise in Pretoria – Parents urged to stay vigilant
Do you have more information about the story?
Please send us an email to [email protected] or phone us on 083 625 4114.
For free breaking and community news, visit Rekord's websites: Rekord East
For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Father dead, mother critically injured in domestic violence shooting in Elardus Park
Father dead, mother critically injured in domestic violence shooting in Elardus Park

The Citizen

time8 hours ago

  • The Citizen

Father dead, mother critically injured in domestic violence shooting in Elardus Park

A mother is fighting for her life and a father is dead after a domestic dispute turned violent in the early hours of Saturday morning at their Elardus Park home. Their teenage daughter, who was asleep during the shooting, is now in the care of trauma counsellors. According to police spokesperson Captain Johan van Dyk, the shooting happened at approximately 03:30 on Saturday morning. 'Members of the Lyttelton SAPS responded to a report of a shooting incident at a residence in Rietvalleirand, Elardus Park. 'Upon arrival at the scene, members were met by security and emergency medical personnel, who confirmed that a woman had sustained four gunshot wounds to the upper body. 'She was stabilised on the scene and airlifted to a nearby hospital for urgent medical treatment.' Van Dyk said preliminary investigations revealed the body of a man, who was found deceased at the scene with a visible gunshot wound to the head. 'A 9mm pistol was recovered next to his body, along with several live rounds and spent cartridges believed to have been discharged from the same firearm.' Medical officials declared the man dead at the scene. 'The couple's 15-year-old daughter was at home during the incident but was asleep in her bedroom at the time. She was unharmed and has since been placed in the care of trauma counsellors, as there is currently no immediate family available in Pretoria.' He furthermore added that the 15-year-old daughter said her mother had recently returned home late after attending a work-related training session. 'It is believed that this led to an argument between the victim and the suspect. The daughter reported that she later awoke to the sound of gunshots, but was unable to confirm the exact events that followed. 'Crime scene experts attended to the scene and conducted a thorough investigation. The firearm was seized and will be sent for ballistic analysis as part of the ongoing investigation.' Police are investigating a case of attempted murder and have opened an inquest docket relating to the suspected suicide. If you or someone you know is experiencing abuse or domestic violence in South Africa, help is available: You can contact Lifeline South Africa at 0861 322 322 for 24/7 emotional support and counselling. Childline South Africa offers free assistance for children and teenagers at 0800 055 555. The Gender-Based Violence Command Centre can be reached at 0800 428 428 or by dialing 1207867# from a cellphone. For text-based support via WhatsApp, message 083 765 1235. All services are confidential and available nationwide. Also read: Child kidnappings on the rise in Pretoria – Parents urged to stay vigilant Do you have more information about the story? Please send us an email to [email protected] or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.

Gqeberha prosecutor gunned down outside her home in ‘planned hit' emphasises high stakes
Gqeberha prosecutor gunned down outside her home in ‘planned hit' emphasises high stakes

Daily Maverick

time12 hours ago

  • Daily Maverick

Gqeberha prosecutor gunned down outside her home in ‘planned hit' emphasises high stakes

The assassination of a legal counsel in an apparent hit draws attention to a worrying trend of sourcing 'guns for hire' in the Eastern Cape. The death of a Gqeberha public prosecutor, widely believed to be an assassination, has highlighted growing concern for the safety of state attorneys. Crime experts warn that there is no clear solution to the escalating attacks on legal officials – especially in the Eastern Cape (EC), which they describe as a rising hotspot for hired guns. Regional Court prosecutor Tracy Brown arrived at her Young Park home at around 3.30pm on Thursday 31 July. She was still seated in her car when a VW Polo pulled up to her driveway. Four armed men wearing masks to hide their faces got out, walked up to her car and fired multiple shots into Brown's Toyota Etios before fleeing the scene. Brown's partner and minor child were at home when the incident occurred. She was rushed to hospital, but sadly succumbed to the numerous gunshot wounds she sustained. The police said the motive behind the murder was still unclear. But the National Prosecuting Authority (NPA), as well as court and police officials who worked with Brown, believe she was the target of a planned hit murder. Her death comes only a few short months after another prosecutor, Elona Sombulula, was shot and killed in Ngcobo in April. NPA spokesperson Mthunzi Mhaga said Brown's death was an attack on law and order, and no stone would be left unturned to solve the violent crime. 'Brutal murder' 'Tracy Brown was shot assassination-style by four armed men in front of her house in Gqeberha, in the presence of her partner and minor child. The NPA, together with law enforcement, will spare no effort in ensuring that the perpetrators of this brutal murder are brought to justice,' he said. Mhaga said prosecutors like Brown show a deep commitment to upholding the law, often at great personal risk. He shared the NPA's condolences with her family. Colleagues of Brown's at the New Brighton Magistrates' Court said she was a hard-working and diligent prosecutor who never shied away from difficult cases. Detectives working in the jurisdiction of her court said she was very dedicated to her craft and often put pressure on them to conduct very thorough investigations when building her cases. 'Even when she put pressure on us, she was a delight to work with. She only pushed us to ensure the success of our cases. Her death is a major loss to law and law enforcement,' a detective who worked closely with her said. In another unrelated incident, it is believed that a prosecutor stationed at the Gqeberha Magistrates Court recently took an extended period of leave after allegedly receiving reports that she was being targeted by suspects awaiting the outcome of their formal bail application. Justice Minister Mmamoloko Kubayi condemned the murders that claimed Brown and Sombulula, and called on the public to assist the police by coming forward with any information they believe could help the investigation. 'The death of one prosecutor is one too many,' she said. 'Their protection must be reinforced and better coordinated with other security cluster stakeholders to ensure that our prosecutors can carry out their duties without fear for their lives.' Kubayi said the NPA had security measures in place for prosecutors, but said these measures should urgently be reviewed and strengthened, particularly in the EC. Bringing shooters from EC Criminologist John Alexander said the suspected hit murders of state officials were endemic to the EC, where hitmen are steadily becoming a well-known export. 'The gun-for-hire trade is becoming highly specialised in the Eastern Cape. More and more reports are circulating that gangs from the Western Cape and other provinces are bringing shooters from the Eastern Cape to do their dirty work.' With reference to the murders of public prosecutors, Alexander said there was no quick solution to the problem. Due to the nature of their work, and courts being a public space where anyone can attend proceedings, Alexander said prosecutors have no chance of a normal life. 'Often they do not get to choose the cases they are assigned, and when you deal with dangerous criminals, you open yourself up to risk. Prosecutors either make use of security guards, or they accept the risks that come from not being protected.' He believes the increase in violence against court officials also increases the chances of corruption or extortion. 'The unfortunate truth is that officials might become more susceptible to taking bribes if it means saving their lives and protecting their loved ones. A little envelope to make a case go away might just be the thing to keep the hitmen off your tail,' Alexander said. DM

Daniel Smit's vehicle seized following the brutal brutal murder of Jerobejin van Wyk
Daniel Smit's vehicle seized following the brutal brutal murder of Jerobejin van Wyk

IOL News

timea day ago

  • IOL News

Daniel Smit's vehicle seized following the brutal brutal murder of Jerobejin van Wyk

Daniel Smit's vehicle has been seized by the Asset Forfeiture Unit. Image: Supplied Child murderer and self-confessed cultist Daniel Smit's bakkie, used in the kidnapping and brutal murder of 13-year-old Jerobejin van Wyk, has been seized by the Asset Forfeiture Unit (AFU). National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila welcomed the order following the application for the vehicle's preservation and forfeiture. Smit had used the vehicle to pursue Jerobijn, knocked him over, and kidnapped him before brutally murdering him. Ntabazalila said the vehicle was an instrumentality of the offences of which Smit was convicted of and sentenced on November 5, last year. Smit is currently serving his life imprisonment sentence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The AFU is governed by the Prevention of Organised Crime Act 121 of 1998 (POCA). POCA provides for two types of civil forfeiture mechanisms - in terms of Chapter 5, which is a criminal forfeiture and is dependent on a conviction, and in terms of Chapter 6, which is a civil forfeiture and is not dependent on a conviction. In this application, the unit utilised Chapter 6 and applied for a preservation order in terms of Section 38 of POCA. Jerobejin van Wyk was murdered in February 2022 after he was caught picking mangoes with a friend. Image: Supplied Ntabazalila said: 'During the criminal trial, the AFU successfully applied for a preservation order, and Judge Hayley Slingers, who presided over the trial, granted it on 19 March. In its application, the unit argued that Smit used the vehicle to pursue the deceased, knock him over, kidnap, and murder him, and that it was an instrumentality of the offences listed in items 1,3 and 7 of Schedule 1 of POCA, that being murder, kidnapping, assault, and child stealing. In terms of Section 40 of POCA, AFU had 90 days to file a forfeiture application, failing which the preservation order would lapse,' said Ntabazalila. On Thursday Judge James Dumisani Lekhuleni granted the unopposed forfeiture order. The application was served on the accused in prison on April 10, confirmed Ntabazalila. In November last year, Smit was sentenced to an effective life imprisonment following his conviction on attempted murder, kidnapping, murder of Jerobejin, violation of his corpse, and defeating the administration of justice. The court ordered that Smit must serve two-thirds of his sentence before he could be considered eligible for parole. During trial, the court heard that on February 2, 2022, Jerobejin and his friend entered the accused's property in Matzikama Street, Klawer, and stole fruit from his garden. He claimed he became angry as the two boys mocked him when he spoke to them. 'After pursuing them with his vehicle and catching Van Wyk, he took the boy home, broke his neck, put his body in the freezer, and later dismembered it. He burnt it using tricks he claimed he learnt from a Chinese occult he joined when he was a teenager. He also claimed the occult had an influence on him and used that mitigation of sentence, as well as diminished responsibility. He asked the court to sentence him to 30 years of direct imprisonment,' said Ntabazalila.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store