Bail bid for cop in teen shooting postponed

THE Roodepoort Magistrate's Court yesterday heard that student Constable Sipho Mbatha had tried to commit suicide two months before he allegedly killed 16-year-old Thato Mokoka.

Two witnesses testified at Mbatha's bail application. He is accused of killing Mokoka from Braamfischerville in Soweto on February 14.

The teenager was shot three times with an R5 rifle outside his grandmother's home.

Mbatha sat quietly in the dock as Lieutenant-Colonel Marumbini Rambanduli testified that it had been reported to him on December 16 that Mbatha had tried to kill himself.

Constable Mphambanyeni Mphephu said he was called by Mbatha's wife to his home as he was suicidal. Mphephu said when he arrived, Mbatha was very drunk and incoherent. Mphephu said he did not ask how Mbatha had tried to commit suicide.

Rambanduli said he saw Mbatha that night and tried to interview him about the alleged suicide attempt but he was incoherent due to his drunken state. Rambanduli then called a social worker in the hopes that she would be able to speak to Mbatha and so that he would also seek help for his drinking problem.

Magistrate Deliza Smit asked Mphephu whether it was permitted for policemen to carry firearms when they had drunk alcohol or had a drinking problem. He answered that Section 49 did not permit any police officers to carry a gun when they had been drinking or were at a place where alcohol is sold.

"The police were negligent," Smit said. "They did not enter into his file that he [Mbatha] has a problem. That he saw a social worker was also not in his file."

Prosecutor Samuel Kampher asked for Mbatha to be denied bail, saying he could be a danger to himself and the community.

Defence attorney Kenneth Manyage said Mbatha was not a danger as there were no other reported incidents of him attempting suicide nor was it clear that on the night in question he had tried to take his life.

The case was postponed to next week and Mbatha remains in custody.