BMW boss's murder: Bail 'risky'
2007-08-06 16:18
Pretoria - Bail was denied on Monday to one of the men accused of murdering a Pretoria BMW senior manager in front of his mentally disabled daughter.
The Pretoria Magistrate's Court found that Patrick Sithole, 35, revealed nothing in his bail application that could justify his release.
Sithole was arrested with Frans Mthabezitha, 25, on July 15 2007 less than a kilometre from the house in Constantia Park where Manie Maritz was shot in the chest.
A neighbour, reacting to Maritz's screams for help, shot one of the men in the hip.
The police Flying Squad found the two accused - both from Mozambique - lying down near Hans Strijdom Drive minutes after the incident. Sithole had a gunshot wound in his hip.
A cellphone belonging to Maritz's daughter was allegedly found in Mthabezitha's possession.
Mthabezitha hasn't applied for bail.
Has 'papers' to be in SA
On Monday Sithole testified that he himself was a "victim of crime". He claimed he was at a petrol station at about 21:00 that night when two people grabbed him and took his cellphone. A car then drove past him and a shot was fired at him.
He denied any knowledge of the murder and robbery at Maritz's house, also insisting that he did not know Mthabezitha before he met him in court.
In addition he also denied that Mthabezitha was seen supporting him as they tried to get away.
He alleged he has "papers" to be in South Africa and resided with his in-laws in Soshanguve. According to Sithole, his "wife" was supposed to bring his papers to court, but did not.
Investigating officer Andre Pienaar said the incident at Maritz's house happened at about 12:45. He said a neighbour saw a man strangling Maritz's 15-year-old daughter.
As the neighbour fired shots, Sithole ran out of the house.
The neighbour shot at him and he stumbled over the palisade fence.
Daughter can't be used witness
A takkie and a piece of cloth, found stuck in the fence, were sent for DNA tests.
"The only person who can identify the accused is the daughter, but she has the brain capacity of an eight-year-old - every time her recollection of the incident is different. We cannot use her as a witness," Pienaar said.
As the neighbour was also unable to identify the suspects because it was dark, the police were depending on the forensic and ballistic evidence. This was still not ready.
"But it's not possible that we have arrested the wrong people," the investigating officer stated.
He said Sithole has pending cases of theft and housebreaking against him and warrants of arrests were issued as he did not attend the trials.
According to him, Sithole lied to the court. He was not married, he did not reside at the given address, and, on the night of his arrest, he allegedly cried that Mthabezitha did the shooting.
"If granted bail, they will not attend court. They will go back to Mozambique.
"If the court can just allow us a postponement for three weeks, then all the investigation would be complete," Pienaar said.
The case was postponed to August 22 for further investigation.
- SAPA