Trio accused of Daniel Knight murder fail to convince court they deserve bail

2013-11-15 00:00

BAIL was denied by the Himeville Magistrate’s Court yesterday to the three men charged with the murder of timber contractor Daniel Knight.

Magistrate Jacobus Smidt said Happy Gcina (24), Tsepiso Sthembiso Ramanyane (24) and Bonginkosi Eric Nyawose (31) had failed to prove substantial and compelling circumstances why they should get bail.

Smidt said Ramanyane’s reason, that police did not read him his rights when he was arrested, was not a matter for the bail application but for the trial.

He added that Ramanyane’s other reason, that he wanted to support his family, was no different from thousands of people in custody who also want to support their families.

Smidt said he did not know why Nyawose has an interest in caring for his child, as his child lives with its mother.

To Gcina, who wanted to be released as the doors of his house were broken and he was worried that people could steal from him, he said Gcina’s brother could take care of that.

He added that if the men were released they would be a danger to society as they may continue with criminal activities.

He said the attack was a violent one using a hammer. He added that the deepest wound on Knight’s head was 12 cm deep.

Legal aid attorney Bongolethu Bomela argued that the men don’t have passports and police had arrested them in their homes. He said they would not evade trial.

Smidt said Ramanyane has three previous convictions, while Nyawose has five and had allegedly committed this crime while out on bail for another case months after he was released on parole. Gcina has a pending case for theft of a motor vehicle.

He said the communities of Himeville and

Underberg were outraged about the case.

“The safety of the accused is not guaranteed if [they are] released. The sense of peace and security will be jeopardised. The community will fear for their lives.” He said the accused don’t have permanent employment and movable assets.

Charges against Thabo Dlamini were withdrawn on instruction from the Director of Public Prosecutions. He will be a state witness. They will be back in court on December 12.

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