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2017-08-30 05:06
Stefan Nel, Dicky Junior van Rooyen, Marius Harding, Ockert Muller and Joshua Liam Scholtz stand in the Pretoria North Court, accused of assaulting a couple in KFC's drive through. (Deaan Vivier, Gallo Images, Beeld)

Stefan Nel, Dicky Junior van Rooyen, Marius Harding, Ockert Muller and Joshua Liam Scholtz stand in the Pretoria North Court, accused of assaulting a couple in KFC's drive through. (Deaan Vivier, Gallo Images, Beeld)

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Pretoria - Three of the five white men accused of assaulting a black couple at a KFC drive-through in Montana, Pretoria earlier this month are expected to find out whether their bail application has been successful.

The accused, Stephan Nel, 39, Joshua Schultz, 21, DJ van Rooyen, 21, Ockert Muller, 20, and Marius Harding, 23, allegedly attacked a couple at a KFC drive-through in the early hours of August 3.

They are facing charges of attempted murder, intent to cause grievous bodily harm and pointing of a firearm.

Three of the five accused Nel, Schultz and Van Rooyen will know their fate on Wednesday.

Muller has already been released on bail while Harding has abandoned his bid for bail.

READ: Court hears conflicting views on severity of KFC assault injuries

During the extensive bail application, two witnesses were called and different accounts of the incident and injuries were read into the record via affidavits.

It was also alleged by some of the defence teams that the complainants, Mr and Mrs Sono, were the aggressors in the incident. 

Racially motivated

During the cross examination of Warrant Officer Ravi Naidoo, a group commander at Sinoville detective unit, Naidoo conceded that there was no evidence that suggested the assault was racially motivated.

In his evidence in chief, Naidoo said that racial incidents were prevalent in the Sinoville area.

He also said that cases of attempted murder and assault involving different races were taken more seriously than those involving the same race.

Constable William Tladi, who in turn reports to Naidoo, testified that Sono's wife was insulted based on her race.

"They called her a bitch, they also insulted her on her skin colour," he said.

Tladi said they had called her a "swart gat [black arse]".

READ: 3 of 5 KFC assault accused apply for bail

These allegations were not in his affidavit that was read into record before he took the stand.

Attorney Nols Notle for Nel questioned why, if they were so adamant that this was racially motivated, it was not in Tladi's affidavit and why there was no charge of crimen injuria.

However, in opposing bail, state prosecutor Ronnie Sibanda maintained that the attack was racially motivated. 

Extensive injuries

The court also heard that the couple's injuries were "neither serious nor life threatening".

Tladi said he could not explain the exact extent of the injuries as he was not the author of the J88 (medical evidence statement) form and that he also struggled to read the handwriting.

He believed, however, that the injuries were serious.

Advocate Francois Kriel for Schultz, however, put it to Tladi that Mr Sono was treated for a bump on his head, and a burst membrane in his ear which heals in a few days.

News24 has previously revealed that Harding was arrested in 2014 on charges of assault and crimen injuria for allegedly assaulting three petrol pump attendants - using racial slurs at a garage in Petrus Steyn, Free State.

"They were charged with common assault and crimen injuria. The case was postponed to October 29 2014 but the suspects did not attend court and a warrant of arrest was issued," said police spokesperson Sergeant Sinah Mpakane.

Harding's father, Hermanus Nicholas Harding told News24 there was no warrant pending in terms of the case in Petrus Steyn.

Read more on:    pretoria  |  crime

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