Coligny magistrate Makgaola Foso granted bail yesterday to the two men accused of killing Matlhomola Mosweu.

Handing down his bail application judgment, Foso said Pieter Doorewaard and Phillip Schutte did not have criminal records. He said the disputes in the case were whether the incident happened according to the accused's version or the state's version.

During the bail application last week, the defence said Matlhomola, 16, had jumped off a moving bakkie while the two accused were taking him to the local police station, to report him for stealing sunflower seeds. The state's version was that the two threw him out of the bakkie.

There was only one witness who saw the incident. Foso said the witness had not been cross-examined and to complicate matters, an identity parade had not been held. The cause of death was still unknown.

Foso said: "There is no doubt in the court's mind that . they [accused] will abide by those [bail] conditions."

He said the court could not be held at ransom.

"Whether there would be public outcry the court should do its job and that can only be done in line with established legal principles and the constitution. I am satisfied that these two gentlemen will stand trial."