PROPHET Paseka Mboro Motsoeneng and his bodyguard, Vincent Baloyi were denied bail and reminded in custody while accused three, a relative, was released on a warning.
The case was postponed to 21 October.
Magistrate Katlego Mokwena said she is not satisfied with the affidavits and the arguments brought by the state for the accused not to be granted bail or prove they have a strong Schedule 6 case.
“Accused one, Mboro and his bodyguard, Baloyi didn’t substantiate why they should be granted bail while investigating officers failed to give reasons why accused number three should be denied bail,” said Mokwena.
This was said during the conclusion of the bail proceedings in the case of ‘Panga-wielding Mboro’, his relative and bodyguard Baloyi where they face a string of charges including kidnapping continued in the Palm Ridge Magistrates Court in Ekurhuleni on Monday, 19 August.
The violent incident took place at Matsediso Primary School in Katlehong on 5 August, captured on the video that went viral on social media and led to his tent church being razed the following day.
Mboro, a relative and bodyguard are facing 12 charges ranging from the kidnapping of minors and possession of a dangerous weapon to the discharging of a firearm (Mboro), discharging of firearm (Baloyi), pointing of a firearm, assault by way of a threat (Mboro and Baloyi), assault (Mboro and a relative), malicious damage to property (Mboro), possession of unlicenced firearm (Baloyi) and possession of dangerous weapons (Mboro).
During the reading, Mboro was seen shaking his head profusely, he appeared shocked and made different facial gestures that seemed to indicate that he was falsely accused.
Mboro (66), a relative (27), and Baloyi (43), tried to convince the court to be granted bail. Defence lawyer, Phillip Dlamini said his clients don’t pose danger to the community.
“The congregation held two church services in the past two weeks. This shows the community has no problem with Mboro despite what happened weeks ago when the church burnt down,” said Dhlamini.
While Dlamini spoke, Mboro was seen in the dock, head bowed in prayer.
Dlamini told the court these are Mboro’s grandkids, and it’s wrong to be charged with kidnapping.
“Police confirmed that the kids belonged to Motsoeneng, who used to live with their late mum in a rented room. These are his children. He didn’t kidnap them. He took them to school and went back later in the day to pick them up. Mboro went to the school after learning that his son was under attack. If you (magistrate) can receive a call that your child is under attack, this case would stop, and you would want to attend to the matter. That’s what accused 1 did,” he said.
The court also heard that Mboro had been arrested nine times, and had given a number of different residential addresses, the state argued that he might be a flight risk. It was heard that all nine cases were withdrawn for various reasons while some are under investigation.
State prosecutor, Pheello Vilakazi, however said the accused tends to give false information as they have done in the bail application.
Vilakazi asked how they can be trusted because they’re dishonest people. He also asked the court what message it will send to the community if the suspects are granted bail since they threatened children violently with pangas and weapons at school which is supposed to be a safe place.
“It won’t be in the interest of justice for any of the accused persons to be granted bail, unless they can show evidence that their release won’t undermine the interest of justice,” Vilakazi said.
He also said the accused are people who are willing to assist the state in the investigation of this matter. He said they’ve not provided information on the whereabouts of the rifle.
“So, releasing accused one, two and three on bail, in view of the fact they know the witnesses will jeopardise,” Vilakazi said.
He also said if Mboro goes to the church where a tent has been put up, it might insight community members. Vilakazi said the suspects must not be given bail until the finalisation of the criminal case.
NPA regional spokeswoman Phindi Mjonondwane said they welcomed the judgment.
“Motsoeneng and Baloyi failed to discharge the onus on them to convince the court that the interest of justice permits their release on bail. The court had remarked on the evidence presented by the state citing it was sufficient,” said Mjonondwane.
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