They had accused him of stealing copper cables. They said Mlotshwa had threatened to burn their crops and harm their families should he be taken to jail.
Judge Segopotje Mphahlele asked: “Are you saying that we are making a big deal about what we saw on the video?”
“Yes. That is what I am saying‚” Gibbs said‚ nodding.
Prosecutor Robert Molokoane‚ however‚ said the application was premature.
He said there were hundreds of petitions for leave to appeal that were yet to be heard by the courts and granting Jackson and Oosthuizen bail would set a bad precedent.
Org Basson‚ for Theo Jackson‚ however‚ seemed to be under the impression that another court may find that the 11 and 14-year sentences given to his clients were too harsh.
“Do you think they can get a non-custodial sentence?” asked Mphahlele.
“Yes‚” Gibbs replied.
Mphahlele is expected to deliver her ruling shortly.