Kazi murder accused denied bail

2013-02-26 14:35
Roedolf Viviers (Werner Beukes, Sapa)

Roedolf Viviers (Werner Beukes, Sapa)

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Racism case postponed

2013-01-28 15:13

The case against Roedolf Viviers, accused of beating a Muslim man to death, was postponed to March 4, 2012 in the South Gauteng Hight Court. Watch.WATCH

kalahari.com

Johannesburg - The Krugersdorp Regional Court denied bail to murder accused Roedolf Viviers on Tuesday.

"The applicant failed dismally to prove to this court that it would be in the interest of justice to release him on bail. Bail is therefore denied," said magistrate Reginald Dama.

Viviers and another man, Zayne van Tonder, 33, allegedly insulted Muhammad Fayaaz Kazi and his friend Anser Mahmood about their beards at a Chicken Licken outlet in Magaliesburg on 6 August 2012.

An argument and a fight ensued. Kazi was severely beaten and died in hospital.

Charges against Van Tonder were later dropped and he was released.

Kazi's brothers Mohammed Nuaman, 22, and Mohammed Farhan, 18, shouted "Praise Allah" when Dama made his ruling.

Kazi's widow Sajidah sobbed and hugged friends and relatives who packed the public gallery.

Viviers, who was wearing glasses, a blue shirt and khaki pants calmly listened to Dama. He looked at his feet when he was led to the police cells.

He will appear in the South Gauteng High Court on 4 March, when a trial date is to be set.

No public outcry

Earlier, Viviers's lawyer Jack Gerber said his client should be released on bail as there is no legitimate public outcry against his release.

"An expression of anger by family and friends does not equal a public outcry," he said.

"The alleged incident happened in Magaliesberg, and not in Lenasia, where most family and friends [of the deceased] reside," he said.

People in the public gallery raised their voices in anger at Gerber's statement.

Magistrate Reginald Dama ordered them keep quiet.

"I will charge anyone with contempt of court should there be disturbances in this court.... I am serious about that," he warned.

Gerber said that although there had been public interest since Viviers's first appearance in court last year, there had been no outcry.

He said the court proceedings were attended by only a handful of friends and family.

"With due respect, your Worship, the Muslim religion is not only limited to Lenasia residents," Gerber submitted.

He said Viviers would lose his income should he continue to be incarcerated.

- SAPA
Read more on:    muhammad fayaaz kazi  |  johannesburg  |  religion  |  hate speech
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