Ten cops get bail

Two of the 10 police officers arrested for the murder and torture of a robbery suspect were previously convicted of assault and aiding a prisoner to escape from custody.

Nine of the arrested officers told the Tembisa Magistrate's Court yesterday that they left the deceased, Khuthazile Mbendu, 37, in good health and with no physical injuries.

They testified that they left him in the care of arresting officer, Koena Mokobodi, at Ivory Park police station soon after they had arrested him on December 8 2014.

Mbendu was to be kept in custody overnight after being arrested for being in possession of a stolen car. He, however, succumbed to his injuries while in hospital, four days later.

According to the Independent Police Investigative Directorate (Ipid) - who have been investigating the case - it appears that the officers assaulted Mbendu on the way to the police station.

The officers, who are members of the Tembisa Cluster tactical response team - except for Mokobodi - made their bail application yesterday.

They were arrested last Thursday. The other officers are Kaya Manyamalala, Makgoba Kekana, Tshegofatso Mofomme, Eugene Raolane Tebetso, Hopane Mathoho, Kgabo Maila, Tinyiko Chauke, Dyrose Manaka and Masekoameng Lesetja.

In the affidavit for their bail application, the nine police officers blame Mokobodi.

They claimed that they had received a call to assist in the arrest of Mbendu in Ebony Park, Tembisa, after he was spotted driving a vehicle that had been reported stolen in Kempton Park.

The officers responded to the call and arrested Mbendu before taking him to Ivory Park police station where they left him in the care of Mokobodi.

In his application, Mokobodi declared to the court that in May this year he was convicted and received a six months suspended sentence for an assault he had committed in 2013.

Meanwhile, Kekana told the court that he was convicted of aiding a prisoner to escape in 2008.

Mokobodi's lawyer, Benny Ndaba, said his client should be granted bail because the crime he committed happened long ago although he was only convicted about three months ago.

He asked for leniency because his client had also taken the deceased to hospital after he complained of pain while in custody.

Ipid investigating officer Takalane Maphosho and prosecutor Thabo Marema did not oppose bail, citing that the accused were not flight risks and had financial obligations to their families.

Magistrate Vinny Gobind said although he had taken note of the previous convictions, they had little bearing on their bail application.

They were granted R2000 bail each. The trial commences on September 10.

sifilel@sowetan.co.za