Security risks force court to change venue in Charl Kinnear murder case
Security concerns dogging the Charl Kinnear murder case will result in the bail application for the man arrested in connection with the killing being moved to a different court.
During former rugby player and debt collector Zane Kilian’s appearance in the Bishop Lavis magistrate's’ court in Cape Town on Monday, the prosecution asked for his bail application be moved to another court.
Prosecutor Gregory Wolmarans told the court it was “undesirable” for the application to be heard in the court because of security concerns.
“The case is provisionally on the roll for the state to consider its position on bail. The state will oppose the bail application,” said Wolmarans.
“There was a discussion in the chambers to relocate the application to a different court. The matter may find itself in the regional court for the bail application.”
Bishop Lavis residents picketed outside court and hurled profanities at the police entourage transporting Kilian, 39. A heavily armed contingent of the police anti-gang unit watched over the proceedings.
A bespectacled Kilian, with a tapestry of tattoos on the back of his head, wore a black hoodie and a turquoise mask. He did not say a word in the dock and stared ahead until the end of the proceedings.
PODCAST | The killing of Charl Kinnear: a community demands justice
Kilian’s counsel Eckhard Röseman concurred with the decision but complained about Kilian being held for so long before his bail application is heard.
“My client has been in custody for 15 days and his constitutional rights have been grossly infringed by keeping him in captivity,” said Röseman.
Röseman asked the prosecution if the investigating officer, who arrested Kilian, had a subpoena to access the suspect's cellphone.
If the investigating officer did not have the necessary subpoena to access Kilian’s details, the evidence would not be admissible in court, he said.
Wolmarans hit back, saying the case had been postponed by agreement.
“It was done by agreement with the defence. The defence cannot have it both ways. It is disingenuous and playing to the media,” he said.
“I cannot tell Mr Röseman how to do his job. He talks about admissibility. He must not burden this record with nonsense.”
Röseman retorted: “I will submit that the state does not want to answer a simple question with a yes or no. That is ironic.”
The court postponed the matter to Friday to find a suitable court for the bail hearing.
After Monday's hearing, Eric Ntabazalila, spokesperson for the prosecution in the Western Cape, said: “Before the formal proceedings started, a discussion was held in the chambers of the presiding officer and an issue of security risk around the court precinct was raised.
“It was agreed by all the parties that the bail application must be transferred to another court. A new court will be sourced between today and Friday.”
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