- Ekhardt Albertus Mostert, also known as Mossie Mostert, is accused of attempting to rob a bank at the Menlyn Maine shopping centre in Pretoria in 2019.
- The court heard that a plea and sentence agreement is currently being drafted.
- If accepted by the State, Mostert will officially enter a guilty plea and be sentenced according to the proposal.
The former Scorpions investigator accused of attempting to rob a bank at the Menlyn Maine shopping centre in Pretoria last year, is expected to plead guilty as his defence team is drafting a plea agreement.
Ekhardt Albertus Mostert, also known as Mossie Mostert, briefly appeared in the Pretoria Magistrate's Court on Tuesday where it was heard that a plea and sentence agreement in terms of the provisions of Section 105a of the Criminal Procedure Act was being finalised.
It was placed on record that disclosure of the docket was done and that Mostert would be proposing a plea and sentence agreement.
This, however, did not mean that the State was obligated to accept the guilty plea and proposed sentence and it remained to be seen what decision the prosecutor would make.
Mostert's defence team would now have to consider what sentence to propose and given that Mostert had been charged with attempted robbery with aggravating circumstances, it was highly unlikely that a non-custodial sentence would be accepted.
The matter was postponed to 9 December, to allow for the drafting and submitting of the plea.
Worried about Covid-19
During a previous court appearance in September, roughly a year since Mostert was arrested, the court heard that the former Scorpions investigator was desperate to apply for bail as he was worried about Covid-19 and his health.
Mostert's attorney was not present in court for the bail application, where the State opposed it, and ultimately the bail application was never followed through.
At the time, Mostert asked the court if he could represent himself and continue with the bail application without his legal representative.
A visibly upset Mostert explained to the court that he was sick, diabetic, had lung problems and was not getting the medical help he needed.
He alleged there was a case of Covid-19 in the cell next to him and if he was to be infected, he would die.
Mostert added he was robbed in prison and he had allegedly been assaulted by correctional service officials.
The court, however, could not allow the bail application to proceed as it would be a constitutional irregularity to proceed while his legal representative had a mandate and his services had not been terminated.
Eager to tender a guilty plea
During his first court appearance, Mostert told the court he wanted to defend himself and then, without being asked to, said he wanted to plead guilty.
His attempt to enter a guilty plea was not accepted at the time due to outstanding paperwork.
Mostert initially faced charges of attempted robbery with aggravating circumstances, terrorism and the contravention of the Protection of Constitutional Democracy against Terrorism and Related Activities Act.
However, the terrorism charges were later withdrawn.
In March, News24 reported that after spending a month in Weskoppies, it was determined that Mostert could be held culpable, was fit to stand trial and would be able to follow proceedings, according to a psychiatric report.
During the same period it was further reported that a plea agreement had been discussed with the State and investigating officer, but no determination had been made at that stage.
The alleged crime
Mostert was arrested at the Menlyn Maine shopping centre in September after he allegedly tried to rob an Absa bank.
According to the police, he entered the bank at around 11:15 and walked straight to a bank teller where he handed over a note.
It's alleged he had disguised himself by wearing a wig and entered the bank with a device in his possession, which he later claimed was a bomb.
It turned out that the device was not a bomb.
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