The lawyers of a police officer and his brother who were arrested for the murder of a taxi boss have argued that their clients presented exceptional circumstances to the court to set them free.
Sergeant Siyabonga Mfanase, 42, of Athlone SAPS, was arrested with his 28-year-old brother, security guard Vika, on February 7.
They are accused of kidnapping Sipho Ganeko from his Philippi East home after a heated argument, and driving him to Woodstock where he was shot in the boot of Siyabonga’s car.
During the bail application on Thursday, Siyabonga’s lawyer Unathi Matiso said the court needs to release his client so that he can prepare for his murder trial.
“Exceptional circumstances were highlighted on the affidavit, the applicant is unlikely to evade trial as he works in Athlone. There is no evidence of possibly endangering witnesses
“He didn’t resist arrest, in fact he presented himself to the police officers.”
He said Siyabonga hasn’t been at work for three weeks.
“His children are likely to suffer because their mother is unemployed.”
Vika’s representative Mongezi Somagaca argued that the State didn’t have a strong case against his client, who claims he was sleeping in the “murder car” at the time.
“No one saw my client at the scene and no one saw him drag the deceased into the car. The witness didn’t identify the accused and that increases the possibility that my client was sleeping in that vehicle the entire time.”
The State assured the magistrate that they have prima facie evidence and that Siyabonga couldn’t offer an explanation as to why his car, a blue Audi, was spotted in Observatory.
Furthermore, Vika shares the same residence as the deceased’s girlfriend and she could be intimidated by the accused.