Alleged mastermind in Chief Justice burglary will know outcome of bail application soon

2017-03-31 18:33
Office of the Chief Justice spokesperson Nathi Mncube briefs the media on the break-in. Picture: Amanda Khoza, News24

Office of the Chief Justice spokesperson Nathi Mncube briefs the media on the break-in. Picture: Amanda Khoza, News24

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Johannesburg - Nkosinathi Msimango, the alleged mastermind behind the break-in at the Office of the Chief Justice, will know on Monday whether he will be granted bail.

Msimango, 34, appeared for a formal bail application before Magistrate Lebogang Leshaba at the Randburg Magistrate's Court on Friday morning.

His brother Given Msimango and cousin Bigboy Yose, who were also arrested in connection with the robbery, were granted R1 000 bail each at the Mamelodi Magistrate's Court on Thursday.

The court found that there was no evidence, at this stage, which linked the two men to the burglary.

State Prosecutor Yusuf Baba told the court that the State opposed bail because it feared that Msimango would interfere with the two State witnesses, named only as Mpho and Potlago, who were also arrested in connection with the burglary.

Baba said the State was in possession of a sworn affidavit in which a woman named Mpho alleged that Msimango called her and told her that he was selling computers.

Witness contact denied

The State, said Baba, also has an affidavit in which Potlago alleges that he received a phone call from Msimango asking him if he could use his white bakkie. Msimango also allegedly told him he was looking for a buyer for computers.

"Although the accused has rights, but from the onset it is alleged that he broke into the Office of the Chief Justice and we believe that he is part of a group of people that did it.

"There are outstanding suspects and the investigation is still at its preliminary stage."

Msimango denied speaking to both Mpho and Potlago.

"When the incident happened, I hadn't spoken to Mpho in about four weeks. I know Potlago, he lives in another section in Mamelodi. I remembered his face when I was told that Mpho and Potlago had been arrested for this matter.

"My brother Given and cousin, Bigboy Yose, were with them at the police station, they told me about Mpho and Potlago's arrest."

Msimango insisted that he had not been in contact with the two.

He also denied any involvement in the crime, saying that he was sleeping at 02:15 on Saturday March 18, when the crime took place.  

'Malicious prosecution'

His attorney, Sammy Mahlangu, told the court that his client was interrogated by more than 25 police officers.

"One of the generals called Mpho and she gave a description of a Nathi saying he was light in complexion and hefty. When they found out that this was not my client, they asked me to leave the room so that they could interrogate him further."

Mahlangu said processes followed in the arrest of Msimango were not procedural.

He said there was no proof that, if released, his client would interfere with the investigation or intimidate the witnesses.

"Also they have not placed anything before the court that proves that he was involved in the break-in. They just have statements making allegations about my client. The information that we have here borders on malicious prosecution.

Mahlangu said there were many irregularities in the State's case.

Read more on:    johannesburg  |  crime  |  judiciary

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