People are safe with Ditebogo's alleged killer in jail – prosecutor

State argues against granting bail to murder accused

Elia Maeko applies for bail in the Pretoria North magistrate's court.
Elia Maeko applies for bail in the Pretoria North magistrate's court.
Image: Herman Moloi

“He hates humans, and at least since his arrest, people are safe.”

These were the words of a state prosecutor as he opposed bail for Elia Maeko, one of the three men accused of killing five-year-old Ditebogo Junior Phalane when they hijacked his father’s bakkie in May last year.

Addressing the Pretoria North magistrate’s court yesterday, Adv Tumelo Letaoane said Maeko had been dishonest in his bail application, saying he had no prior convictions.

However, the state revealed he had previously been convicted in 2009 for assault with intent to cause grievous bodily harm.

“He stabbed a man identified as Mr Morero with a knife in the chest,” Letaone said. “So, what we pick up is that the accused is a violent person and the previous conviction reveals that he uses force to induce fear. And you [Maeko’s lawyer] say we must release this type of person to society?

“We do not know what will happen should we release him; we do not know who will be the victim,” he said.

According to Letaoane, Maeko was linked to the murder via his confession.

“He acted in common purpose [with his co-accused]. He wouldn’t have pointed out something he does not know of, he wouldn’t have pointed out something that he wants to distance himself from.

“Accused two has also linked him with a confession statement and also with an unlicensed firearm.

“He was found in possession of a firearm. What is he doing with a firearm if he is an angel?” Letaoane asked.

Ditebogo was killed as he ran towards his father to welcome him at their Soshanguve home.

Hijackers shot him and sped off in his father’s R600,000 bakkie, which they allegedly sold for R30,000.

Three suspects, Maeko, Ali Sithole and Nido Gumbo, were later arrested and charged with murder, robbery with aggravating circumstances and possession of an unlicensed firearm and ammunition.

It was also revealed in court that the gun used to kill the little boy was stolen during the robbery of a police officer in Winterveldt, Pretoria, in December 2023.

Maeko is applying for bail that he is a breadwinner to his minor children and has to look after his 66-year-old diabetic mother, who also filed an affidavit to plead with the court to release her son on bail.

At least the accused two and three are touched and they do not apply for bail because they understand that this is a serious offence.
Adv Tumelo Letaoane, state prosecutor

Thulani Kekana, Maeko’s lawyer, said refusing bail cannot be used as a punishment.

“It is my submission that the accused be released with strict conditions,” he said.

However, Letaoane said he was shocked that Maeko was not touched by the crime he is accused of committing.

“At least the accused two and three are touched and they do not apply for bail because they understand that this is a serious offence.

“But him, as the ring leader, he wants to go forward and even rope in his mother.

“He is exposing his mother to perjury; I wonder what criteria makes him think he is a suitable candidate for bail. It’s a shocking thing,” he said.

The matter will be back in court on July 30.

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