Julius Mkhwanazi and his co-accused Kagiso Lerutla will remain in custody throughout the long Freedom Day weekend.
The suspended Ekurhuleni Metropolitan Police Department deputy chief and the Ekurhuleni municipality’s city manager were again in the Boksburg Magistrate’s Court on Friday.
The pair are accused of multiple charges relating to a 2019 incident where Mkhwanazi and Lerutla allegedly conspired to keep the latter’s identity off the criminal record system.
A marathon bail application on Thursday ran into the following day, with the magistrate postponing until Tuesday as he reserved judgment in the matter.
Mkhwanazi and Lerutla will be remanded in custody until next week.
Bail postponed again
The defence attorneys spent Thursday repeating arguments that their clients would not pose an danger to the public, witnesses or the investigations.
“Unequivocally, I am emphatic that there is no basis for such fear. I am suspended from my admittedly influential position as deputy head of the EMPD, I therefore have little, if any, influence on investigations and any potential witnesses.
“I will certainly not undermine the justice system and will stand my trail and abide by any conditions the court may impose,” Mkhwanazi’s affidavit read.
The defence continued with its argument on Friday, stressing that that a “well grounded fear” of obstruction or danger was required to deny bail, and could not be denied due to “hypothetical” possibilities.
The state suggested the defence was trivialising the charges, reminding the counsel that schedule five offences were serious matters.
The state argued that the accused had extensive knowledge of the case and if anything happened to the sole witness, the case would essentially be dead.
Alleged murder and accident cover-up
The state and the defence argued the validity of the submissions that the state believes would be grounds to deny Mkhwanazi and Lerutla bail.
Evidence presented by the state on Thursday alleged that Lerutla was involved in an accident with his Mercedes G-Wagon in May 2021.
The other driver in the collision was allegedly killed on impact, after which Lerutla allegedly bribed a tow truck driver R10 000 to tamper with the scene before authorities arrived.
The docket for that case went missing, with the state currently in the process of reconstructing the docket.
Additionally, an affidavit deposed by the murdered Marius van der Merwe – Witness D – alleged that EMPD members and private security officers murdered a man April 2022 at the behest of Mkhwanazi.
The defence denied the events and committed itself to disproving the claims when the trial gets under way.
