'Crash killer' to stay in jail
2008-12-01 21:03
Johannesburg - The man accused of causing the deaths of five people by allegedly driving a stolen car while drunk and on the wrong side of Johannesburg's M1 freeway will remain in custody as he cannot afford bail.
Siyabonga Miaka, 25, who appeared in the Randburg Magistrate's Court on Monday, was granted R5 000 bail by Magistrate Mziwamadoda Mati.
However Miaka said he could only afford R1 000 bail.
He will remain in custody until he raises the money to pay bail, and his case was postponed to March 24 next year for further investigation.
Mati said: "I am setting bail at this amount so that the community is not left to think that the court did not take this matter seriously... I don't want to leave a bad taste in their mouths because this is a very serious matter," Mati said.
Miaka has pleaded not guilty to the charges against him.
He allegedly stole a Toyota Condor and was driving it on the wrong side of the highway when he hit a vehicle carrying employees of Johannesburg's Manhattan nightclub.
Killed in the head-on collision were students Ntsundzukani Mabasa, Wisani Maswanganyi, Faith Moyo, Solly Ngomane and Elvis Ritshuri.
No evidence placed by state
Although the charges - including culpable homicide, driving under the influence of alcohol and reckless or negligent driving - were very serious, no evidence had been placed against him by the state as yet.
"In the interests of justice, he [Miaka] can be admitted to bail... the onus is on the state to prove that the accused is a person who should not be admitted to bail," Mati said.
In granting bail, he imposed certain conditions: that he attend his next, and all court appearances, and hand over his passport; that he keep to his residence (a caravan near a closed down factory in Marlboro), and not change it without notifying the court; and that he does not leave the Marlboro/Alexandra area without informing the investigating officer.
Miaka must further report to the Alexandra police station twice a day between 06:00 and 10:00, and 16:00 and 20:00, nor should he interfere or have any contact with any state witnesses.
Investigating officer Inspector Robin Koch said blood tests to confirm whether Miaka was under the influence of alcohol at the time of the accident were still being completed.
Koch had previously argued that Miaka should not get bail because he was of the opinion that Miaka would be targeted by the families of the deceased, may intimidate witnesses or fail to arrive at his next court appearance.
- SAPA