Morris "Captain KGB" Tshabalala's bail application struck from roll

2018-03-28 19:57
Morris “Captain KGB” Tshabalala as he leaves the Commercial Crimes Court in Tshwane. (File, Alex Mitchley, News24)

Morris “Captain KGB” Tshabalala as he leaves the Commercial Crimes Court in Tshwane. (File, Alex Mitchley, News24)

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Former Crime Intelligence officer Morris "Captain KGB" Tshabalala has once again failed in his attempt to secure his release on bail, after his application was struck from the roll in the Commercial Crimes Court in Pretoria.

Magistrate Nicola Setshoege removed the matter from the roll on Wednesday, saying that the accused's defence team was unprepared once again.

Prosecutor Chris Smith requested that the application be struck from the roll after Tshabalala's defence team asked for another postponement.

Smith told the court that the State had not received any of the new facts that the defence had pinned the bail application on.

"If they don't provide us with the new facts, then me and the court will be unprepared," said Smith.

"I humbly submit that is highly unfair."

He also told the court that parole board had revoked Tshabalala's parole and as a result, he did not even qualify for bail.

Tshabalala's attorney Mpesi Makhanya told the court that defence advocate Annelene van den Heever, was ill and could not be present in court.

Van den Heever also did not appear at Tshabalala's previous court appearance. She said she was unable to travel from Johannesburg to Pretoria because of the rain.

Makhanya also told the court that they were dealing with the parole board and that the revocation of his client's parole did not mean he could not apply for bail.

Earlier this month, Tshabalala allegedly poisoned himself while detained at Kgosi Mampuru II Prison in Pretoria, according to two sources.

READ: 'Captain KGB' allegedly poisons himself at PTA prison

It was allegedly part of an escape plot, after hearing that his parole had been revoked and that he was a sentenced prisoner.

Independent Police Investigative Directorate (IPID) spokesperson Moses Dlamini confirmed that he had received reports of the incident and that the directorate had sent a team to the prison to investigate.

Tshabalala has been charged with fraud, theft and corruption. The charges relate to the submission of alleged fraudulent invoices to the tune of R563 005, sourced for blinds and curtains for safe houses in Pretoria.

He was convicted of armed robbery in 1994 and, while evading his prison sentence for more than 15 years, he joined the South African Police Service.

Tshabalala claimed that he did not knowingly or intentionally evade his 10-year prison sentence and explained that his legal representatives at the time had told him his appeal had been successful.

READ: 'Captain KGB' claims he didn't knowingly evade prison – 'I thought appeal had succeeded'

However, the Independent Police Investigative Directorate (IPID) says Tshabalala never reported to authorities to serve his prison sentence, and that he was on the run. He then joined the police, working for Crime Intelligence until he was rearrested in 2013.

According to the State, after Tshabalala was rearrested, he was dismissed from the police and spent two and a half years in prison, while allegedly still being paid by Crime Intelligence.

"Information received from sources is that he continued to receive a salary," Smith told the court during the first bail application.

After he was released, he was re-enlisted in the police service, before resigning to become an undercover agent for crime intelligence, according to IPID.

The police have dismissed these claims. Brigadier Vishnu Naidoo previously told News24 that Tshabalala had not been on their system, or payroll since he was dismissed in 2013.

Tshabalala's case was postponed to April 17 for further investigation.

The State still has to obtain his bank statements and secure a statement from a witness.


Read more on:    morris tshabalala  |  courts

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