Bail opposed in beard case

2012-08-21 16:08

(File) (Shutterstock)

Johannesburg - The State will oppose Tuesday's bail application of one of the two men accused of beating a Muslim man to death, the Krugersdorp Regional Court heard.

Roedolf Viviers, 28, stands accused of murder and assault with intent to cause grievous bodily harm.
His co-accused, Zayn van Tonder, is accused of assault, and the State proposed his bail be set at R2 000.

The two are accused of killing 27-year-old Muhammad Fayaaz Kazi and assaulting his friend Anser Mahmood outside a Chicken Licken outlet in Magaliesburg on August 6.

They allegedly made fun of Kazi's beard and insulted him when he confronted them. A fight ensued. Kazi died of his injuries in hospital.

Attorney for the accused, S Smith, read out an affidavit by Viviers in court, detailing why he believed he should be granted bail.

Viviers said he looked after his ill and elderly mother. He was the sole breadwinner of his family and provided for his fiancé and her young child.

Viviers signalled his intention to plead not guilty to all charges. There was no risk he would skip bail, Smith said.

Investigating officer Warrant Officer Hennie Janse van Rensburg said the assault was sparked by racially derogatory comments.

"According to my own investigation... one of the complainants was said to be looking like Osama bin Laden (by the accused)," he said, referring to the mastermind of the September 11 2001 terrorist attacks in the US.

The magistrate asked whether Viviers was the aggressor, to which Janse van Rensburg replied: "Yes".
The matter continues.

- SAPA