Court reserves judgment on Sergeant Fannie Nkosi’s bail application

Sergeant Fannie Nkosi will have to wait until later this week to hear whether he will be released on bail.

Nkosi appeared before the Pretoria North Magistrate’s Court on Monday for the continuation of his bail applications, which began last week.

Lengthy submissions by the state and the defence left magistrate Thandi Theledi needing at least two days to finalise her judgment.

A member of the South African Police Service’s organised crime unit, Nkosi is charged with theft, unlawful possession of explosives, as well as 11 combined counts relating to the safeguarding of firearms and ammunition.

Having been suspended from his position in late March, Nkosi was arrested in early April and made his first court appearance on 7 April.

Risk of fleeing trial

The state argued that Nkosi had enough motivation “to avoid trial at any cost”, due to the strength of the evidence and the minimum sentence of 15 years carried by the charges.

Police confirmed that officers found six dockets in a wendy house on Nkosi’s property, some linked to closed cash-in-transit robberies and hijackings.

“It is respectfully submitted that the offences the applicant is facing cannot be said to be trivial. They are so grievous that he will not evade a custodial sentence at the conclusion of his trial.

“The evidence against him is overwhelming. He is linked to the offences by real and objective evidence found at his premises.

“It is submitted that this provides an incentive for the applicant to skip bail,” argued state prosecutor Tholoana Sekhonyana.

Bail ruling pending

Defence attorney Sizo Dlali countered in his closing statement that the onus was not on the defence to argue against the charges, but simply to prove Nkosi’s suitability and willingness to comply with bail conditions.

“I am glad that the state has considered that we don’t have to prove our guilt or innocence at this stage.

“And, if the state concedes that, your worship, then by logic it says that we do not have to dispute whatever allegations they are raising.

“What you need to do is know the facts that indicate that it would be in the best interest of justice that Mr Nkosi be released on bail,” Dlali stated.

The matter was postponed to 22 April for Theledi to consider the submissions and compile her judgment.

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