A third suspect in the R20-million heist at OR Tambo International Airport has claimed that he was tortured and forced to give police a statement implicating himself.
This emerged in the Kempton Park Magistrate’s Court on Friday when South African Police Services (SAPS) constable Simon Thokwane‚ 37‚ appeared to formally apply for bail.
He is one of seven men facing charges of armed robbery with aggravating circumstances.
It also emerged that Thokwane‚ who has held the rank of constable since 2006‚ is due to appear in the Regional Court‚ also in Kempton Park‚ on June 2 to face 30 charges of contravening the Immigration Act and defeating the ends of justice‚ state prosecutor Advocate Jacob Serepo told the court.
Thokwane‚ who has been suspended from the SAPS pending his release‚ was stationed at the OR Tambo International Airport cargo section at the time of the robbery.
His legal counsel‚ Advocate Marchand Killian‚ read an affidavit to the court in which Thokwane claimed he was not on duty or even at the airport on the day of the robbery.
Killian told the court that his client was arrested on Saturday‚ March 18‚ at around 1pm in the afternoon.
“Thereafter he was taken to Delmas police station where he was tortured. His hands and feet were tied and he was shocked. A plastic bag was put over his head so that he could not breathe‚” Killian told the court.
“But he was only booked in at Delmas police station at 9pm that evening.”
Thokwane was arrested at the airport while at work‚ just over 50km away from Delmas‚ and told the court he was forced through torture to make a statement implicating himself.
Killian also submitted his client was denied access to his cellphone to call his lawyer.
“It is very strange to arrest him at 1pm and not to book him in at Kempton Park‚ or even Boksburg police station‚” said Killian.
“Only eight or nine hours later was he booked in at Delmas‚ where no family member or legal representative would even think to search for him.”
Killian further argued that Thokwane had presented himself dutifully at every occasion during his other matter‚ for which he had yet to be found guilty.
“At the moment the charges in the other case are just allegations. The state cannot say that just because he has a pending case‚ he has a propensity to commit crime.”
He proposed a bail amount of R10 000.
Serepo‚ who opposed the bail application‚ read an affidavit from Hawks investigating officer Colonel Samuel Mahlangu as evidence. It emerged that Thokwane was implicated in statements made to police by two of his co-accused‚ who told police he had taken them to the airport and shown them certain access points and observed security movements.
Thokwane also allegedly visited the home of his co accused‚ Prince Dube‚ to look at the cloned police cars used in the robberies to confirm to the other suspects whether they looked similar to genuine SAPS vehicles.
Serepo argued that the other case against him was indeed an indication that he would likely commit crime if released on bail.
“He has no respect for the law and has displayed a pattern of involving himself in serious crime‚” Serepo said.
“The fact that he was detained elsewhere‚ that is something the trial court will have to look at. Perhaps police had a good reason for that. However‚ the state does not have to prove its case beyond a reasonable doubt at this stage. I submit there is a prima facie case against the accused‚” Serepo said.
Magistrate Amulekani Msimeki reserved judgement until Tuesday‚ April 11.
Judgements on the bail applications of his five co-accused‚ France Manaka‚ Sibusiso Mnisi‚ Prince Dube‚ Thando Sonqishe as well as Cosmos Ntanzi will be handed down on Monday and Tuesday.
The seventh suspect‚ Mosioua Motani‚ is already out on bail of R50 000.
Another OR Tambo International Airport heist accused claims he was tortured by police
A third suspect in the R20-million heist at OR Tambo International Airport has claimed that he was tortured and forced to give police a statement implicating himself.
This emerged in the Kempton Park Magistrate’s Court on Friday when South African Police Services (SAPS) constable Simon Thokwane‚ 37‚ appeared to formally apply for bail.
He is one of seven men facing charges of armed robbery with aggravating circumstances.
It also emerged that Thokwane‚ who has held the rank of constable since 2006‚ is due to appear in the Regional Court‚ also in Kempton Park‚ on June 2 to face 30 charges of contravening the Immigration Act and defeating the ends of justice‚ state prosecutor Advocate Jacob Serepo told the court.
Thokwane‚ who has been suspended from the SAPS pending his release‚ was stationed at the OR Tambo International Airport cargo section at the time of the robbery.
His legal counsel‚ Advocate Marchand Killian‚ read an affidavit to the court in which Thokwane claimed he was not on duty or even at the airport on the day of the robbery.
Killian told the court that his client was arrested on Saturday‚ March 18‚ at around 1pm in the afternoon.
“Thereafter he was taken to Delmas police station where he was tortured. His hands and feet were tied and he was shocked. A plastic bag was put over his head so that he could not breathe‚” Killian told the court.
“But he was only booked in at Delmas police station at 9pm that evening.”
Thokwane was arrested at the airport while at work‚ just over 50km away from Delmas‚ and told the court he was forced through torture to make a statement implicating himself.
Killian also submitted his client was denied access to his cellphone to call his lawyer.
“It is very strange to arrest him at 1pm and not to book him in at Kempton Park‚ or even Boksburg police station‚” said Killian.
“Only eight or nine hours later was he booked in at Delmas‚ where no family member or legal representative would even think to search for him.”
Killian further argued that Thokwane had presented himself dutifully at every occasion during his other matter‚ for which he had yet to be found guilty.
“At the moment the charges in the other case are just allegations. The state cannot say that just because he has a pending case‚ he has a propensity to commit crime.”
He proposed a bail amount of R10 000.
Serepo‚ who opposed the bail application‚ read an affidavit from Hawks investigating officer Colonel Samuel Mahlangu as evidence. It emerged that Thokwane was implicated in statements made to police by two of his co-accused‚ who told police he had taken them to the airport and shown them certain access points and observed security movements.
Thokwane also allegedly visited the home of his co accused‚ Prince Dube‚ to look at the cloned police cars used in the robberies to confirm to the other suspects whether they looked similar to genuine SAPS vehicles.
Serepo argued that the other case against him was indeed an indication that he would likely commit crime if released on bail.
“He has no respect for the law and has displayed a pattern of involving himself in serious crime‚” Serepo said.
“The fact that he was detained elsewhere‚ that is something the trial court will have to look at. Perhaps police had a good reason for that. However‚ the state does not have to prove its case beyond a reasonable doubt at this stage. I submit there is a prima facie case against the accused‚” Serepo said.
Magistrate Amulekani Msimeki reserved judgement until Tuesday‚ April 11.
Judgements on the bail applications of his five co-accused‚ France Manaka‚ Sibusiso Mnisi‚ Prince Dube‚ Thando Sonqishe as well as Cosmos Ntanzi will be handed down on Monday and Tuesday.
The seventh suspect‚ Mosioua Motani‚ is already out on bail of R50 000.
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