The Mpumalanga high court has reversed the decision by the magistrate’s court not to grant bail to Mbombela traffic cop Khanyisile Viola Nyalunga, who is accused of committing a cash-in-transit robbery.
The high court on Friday granted the officer bail of R5,000, reversing a White River magistrate’s court ruling to deny her bail based on allegations that she was a flight risk and that she was seen at the crime scene during the robbery on July 27.
Nyalunga was denied bail by the White River magistrate’s court last month and lodged an appeal before judge Kgama Shai in the Mpumalanga high court. According to the Hawks Nyalunga is accused of aiding several men who carried out a botched heist on the R40 road between Kieppasol and Hazyview.
She is accused of having chosen some of the robbers. The state alleges that she used her private car to transport guns including AK-47s which were used by the alleged robbers who are still on the run.
Delivering the appeal judgement, Shai said it was in the interest of justice to release Nyalunga and that the previous court had based its bail denial on a state witness who said Nyalunga was at the house where the crime might have been planned.
“The previous court based their decision on suspicion that the accused might be a flight risk. The state called Aubrey Mogale to oppose bail, and that doesn’t place the applicant [Nyalunga] on the crime scene but only at the house where the alleged crime was planned.
“The bail application is not to decide if the accused is guilty of the crime or not, bail serves liberty of the accused and also to curb the high number of awaiting trialists in holding cells.
“The detention of the accused is not in the interest of justice unless the accused is going to interfere with investigation. The accused is a first-time offender. I find that the accused be released on bail,” said judge Shai.
“From the investigation, the accused is not placed at the robbery scene but the house after the robbery, that is why she is charged with defeating the ends of justice. This weakens the state case. I find that the decision of the court to deny her bail was wrong,” said Shai.
He also set out conditions that Nyalunga should not contact state witnesses and investigators and should attend all her court appearances.
Nyalunga’s lawyer, Adv Silungu Thobela told Sowetan they were pleased that the appeals court found it in the interest of justice to release his client.
The state had previously told the court that Nyalunga could have organised logistics for the attempted heist. She is attached to the Hazeyview satellite office of the Mbombela traffic department.
The court heard that fingerprints were taken in the room that Nyalunga had booked to plan the crime and that evidence showed that she was there twice with other people. She allegedly booked the accommodation in person but did not stay in the room and only visited it twice.
Judge grants bail to cop accused of CIT robbery
Decision by magistrate’s court reversed by high court
Image: Facebook
The Mpumalanga high court has reversed the decision by the magistrate’s court not to grant bail to Mbombela traffic cop Khanyisile Viola Nyalunga, who is accused of committing a cash-in-transit robbery.
The high court on Friday granted the officer bail of R5,000, reversing a White River magistrate’s court ruling to deny her bail based on allegations that she was a flight risk and that she was seen at the crime scene during the robbery on July 27.
Nyalunga was denied bail by the White River magistrate’s court last month and lodged an appeal before judge Kgama Shai in the Mpumalanga high court. According to the Hawks Nyalunga is accused of aiding several men who carried out a botched heist on the R40 road between Kieppasol and Hazyview.
She is accused of having chosen some of the robbers. The state alleges that she used her private car to transport guns including AK-47s which were used by the alleged robbers who are still on the run.
Delivering the appeal judgement, Shai said it was in the interest of justice to release Nyalunga and that the previous court had based its bail denial on a state witness who said Nyalunga was at the house where the crime might have been planned.
“The previous court based their decision on suspicion that the accused might be a flight risk. The state called Aubrey Mogale to oppose bail, and that doesn’t place the applicant [Nyalunga] on the crime scene but only at the house where the alleged crime was planned.
“The bail application is not to decide if the accused is guilty of the crime or not, bail serves liberty of the accused and also to curb the high number of awaiting trialists in holding cells.
“The detention of the accused is not in the interest of justice unless the accused is going to interfere with investigation. The accused is a first-time offender. I find that the accused be released on bail,” said judge Shai.
“From the investigation, the accused is not placed at the robbery scene but the house after the robbery, that is why she is charged with defeating the ends of justice. This weakens the state case. I find that the decision of the court to deny her bail was wrong,” said Shai.
He also set out conditions that Nyalunga should not contact state witnesses and investigators and should attend all her court appearances.
Nyalunga’s lawyer, Adv Silungu Thobela told Sowetan they were pleased that the appeals court found it in the interest of justice to release his client.
The state had previously told the court that Nyalunga could have organised logistics for the attempted heist. She is attached to the Hazeyview satellite office of the Mbombela traffic department.
The court heard that fingerprints were taken in the room that Nyalunga had booked to plan the crime and that evidence showed that she was there twice with other people. She allegedly booked the accommodation in person but did not stay in the room and only visited it twice.
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