Ballistic results help Mboro secure bail

The National Prosecuting Authority (NPA) says ballistic test results which showed that a gun that Pastor Paseka "Mboro" Motsoeneng discharged was not real is what led to their climb down on the charges he faces.

Motsoeneng was yesterday released on R3,000 bail after the state conceded that one of the charges he faced, which falls under the Firearms Control Act, could not be proven because the gun was a replica.

During Motsoeneng's first bail application, prosecutor Adv Pheello Vilakazi submitted that there was additional video footage of the incident “which may not have gained [as much] popularity” as the one widely shared.

“There's footage the state is in possession of showing accused No 1 [Motsoeneng] had another rifle in his [car] boot. He took out that rifle and is seen discharging it to disperse people in the streets so he can leave the crime scene," Vilakazi said at the time.

On Thursday, NPA spokesperson Phindi Mjonondwane said they had drawn up the preliminary charges against Motsoeneng following the arrest and the probe that followed afterwards.

Mjonondwane said  the investigating officer, in his affidavit, said Motsoeneng was seen in the video fetching a rifle from his car. She said the NPA found out on Thursday when they received ballistic test results of the rifle that it was not a real gun.

"When a person appears in court, they are provisionally charged. Investigations would be ongoing and the final charges would only come once investigations are finalised,"  Mjonondwane said.

The state then conceded that based on the facts presented in court, the said rifle was in fact a blank-firing rifle.

Speaking in court on Thursday, Vilakazi said in light of the ballistic report, the state concedes that the gun used is a replica and does not fall under the Firearms Control Act.

Handing down the bail judgment, magistrate Katlego Mokoena said the prosecution had confirmed that initially, it was under the impression that the firearm was a fully semi-automatic firearm.

However, it now says the firearm does not fall under the Firearms Control Act, therefore making the bail application fall under a Schedule 1 offence and no longer Schedule 5. 

“What that means is that with Schedule 5, it was the applicants who needed to show that it is in the interest of justice that they be admitted to bail, which they initially failed to do.

“But now with this development, it means that with the technicalities that the defence have provided before this court and the state conceding, the court does accept then that the count being unscheduled is a new fact. The court is therefore satisfied.

"The onus shifts to the prosecution to prove why you should not be released on bail, but the prosecution does not oppose bail based on the new developments, but requests strict bail conditions," Mokoena said.

Motsoeneng, his son and bodyguard Camillot Baloyi face multiple charges that include kidnapping, possession of dangerous weapons and assault.

The charges stem from an incident at a school in Katlehong, on the East Rand, which was captured on video and went viral on social media.

In the video, Motsoeneng is seen wielding pangas alongside a gunman at the school, while two children cry hysterically. While his son was granted bail, it was denied to Motsoeneng and Baloyi.

They then put in a new application which ensured they get bail on Thursday.

SowetanLIVE