Bar brawl bail appeal postpnoned

2011-09-28 00:00

THE appeal of the bail application involving four accused in the Margate “racial bar brawl” case has been postponed for the second time in a week.

Petros Opperman (46), Douw van der Walt (33), Jakes Putter (33) and Gabriel Volshenk (49), were denied bail in August following their alleged involvement in the murder of Lwandile Mampofu (26).

Mampofu was allegedly assaulted after an altercation over a cigarette broke out between him and the accused at a pub in Margate. Mampofu later died in hospital.

Evidence of transcribed court records, which could possibly prove that the state has misrepresented evidence before the court, could not be heard as the most crucial portion of the tape had not been typed and made ready for presentation in court.

State Prosecutor Sohana Moodley requested that a new witness take the stand, however, defense attorney Christo van Vuuren slammed the request, saying that the state was “jumping the gun”.

“It is improper to call a new witness … the state had the opportunity to do so at the bail application hearing … the court should not entertain this request,” said van Vuuren.

Moodley said the defence alleged that the state had misrepresented evidence and it (the state) was calling this witness to substantiate the evidence brought before the court during the initial bail hearing.

Judge Elise Coetzer, however, did not allow the witness to take the stand.

“The court must first hear the evidence the defence wishes to present,” said Coetzer.

The court proceedings will continue on Friday.

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