Men accused of killing Ditebogo Junior (5) intend to apply for bail

The three men accused of shooting and killing five -year-old Ditebogo Junior Phalane when they were hijacking his father intend to apply for bail.

Elia Maeko, 36, Ali Sithole, 30, and Nido Gumbo, 29, appeared before magistrate Naseema Khan at the Pretoria North magistrate’s court on Tuesday where their lawyer revealed their intention to apply for bail and that they need to prepare for the application.

“The accused will make a formal bail application on the fifth of September your lordship,” said Thulani Kekana.

The prosecutor, Adv Tumelo Letaoane, told the court that he was happy with the progress made thus far in terms of investigations.

“On the last appearance, the matter was postponed for further investigations.

“I am happy with the progress made by both the state and the police so far. We have managed to obtain among others the post-mortem results and the ballistic report,” he said.

He added that the state would “strongly” oppose the bail application of the accused.

The trio is facing charges of schedule 6 offence, murder and robbery with aggravating circumstances.

Gumbo, who is from Mozambique, also faces an extra charge of being in SA illegally.

When Gumbo was asked if he was properly documented, his lawyer answered: “Yes, he came with a valid passport, however, he has overstayed.”

Minutes before the trio appeared, Maeko had appeared alone on a separate matter where he faced a charge of possession of an illegal firearm and ammunition.

Maeko also told the court that he intends to apply for bail on that matter.

Khan postponed two matters to September 5 for bail application.

Outside court, Phalane family spokesperson Gift Makoti said seeing the accused after some time had evoked painful emotions. However, they were pleased that the state has made progress in terms of its investigation, he said.

“We are receiving support from communities and in terms of counseling.

“I cannot say life has gone back to normal. It hasn’t, and I doubt it will,” Makoti said.

Phalane was shot and killed earlier this year as he was running to welcome his father at their Soshanguve home. The father was arriving home just as the hijackers pounced.

moloih@sowetan.co.za