Stabbing accused

2011-03-29 00:00

THE Hibberdene Magistrate’s Court was told that a man accused of attacking an Elysium-based couple was provoked when the husband asked what he was doing on a “whites-only” beach and set his dogs on him.

The evidence was led at the bail hearing on Friday of 19-year-old Lungeni Myeza, who faces charges of attempted murder, aggravated assault and attempted rape.

The couple, Eric and Sue Setaro, were allegedly attacked on the beach at about 11 am on March 6, as reported in The Witness.

Magistrate Dube reviewed the arguments submitted by prosecution and defence before rejecting the bail application and remanding Myeza to May 30 for further investigation.

Myeza’s attorney, Zodwa Hlalelami, put it to the investigating officer, Detective Constable Shozi, that the Setaros had been sitting on the otherwise deserted beach at the Vusi River mouth boundary on Elysium beach. Myeza had walked up, armed with nothing more sinister than an empty bottle to collect seawater. Eric Setaro had then demanded to know what Myeza was doing on a “whites-only” beach.

The Setaros had then incited their dogs to attack the accused, which had led Myeza to stabbing Eric Setaro several times, Hlalelami submitted.

The defence put it to the court that Myeza had carried no sticks or clubs and had therefore not struck Eric Setaro down with these items, had not laid a finger on Sue Setaro, had not taken any cellphones, keys or rings from the couple and in fact had not spoken to them for any length of time before the confrontation.

Myeza repeatedly shook his head at the core allegations of the state case, presented by a prosecutor and Shozi.

The crux of the state’s case is that after engaging the couple in friendly conversation for about 30 minutes, Myeza launched a vicious attack with a stick and knife.

Eric Setaro was allegedly left paralysed from multiple stab wounds and lying in the shore-break.

Myeza allegedly attacked the wife, punching her, ripping her clothing and threatening to rape and kill her as he dragged her towards the bushes.

The Setaros agreed that their smallest dog, a terrier, nipped Myeza, stating that it did so to defend them when they were attacked and that the bigger dogs fled without touching the accused.

Myeza was arrested on the N2 freeway several hours later.

Magistrate Dube pointed out that Myeza is accused of a Schedule 6 offence and that if he is found guilty, he probably will face a life sentence. Releasing him on bail would not in the public interest, he added, and the circumstances do not warrant the granting of bail.

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