LEBOGANG SEALE
‘GOOD luck, buddies, go for it,” a suspected member of the feared Golf Club Gang, which terrorised Freedom Park residents, muttered to his two co-accused as they began their bid to be released on bail at the Protea Magistrate’s Court yesterday.
An hour later, Tebogo Manendzhe, 19, and Ndivhuwo Musetha, 25, shuffled back into the holding cells, their hopes for bail dashed.
Thirteen of their co-accused had abandoned their attempt at bail because they were each pointed out by more than three victims. Three other gang members are expected to appear in the same court tomorrow, while two others will appear on Wednesday.
The 20 suspects face multiple charges, including murder, attempted murder, rape, and robbery with aggravating circumstances. The charges relate to their alleged crime spree, spanning more than a year, during which they hit their victims with golf clubs, robbing and often raping them while they were unconscious.
Two months after their arrest, Manendzhe and Musetha launched their bail bid. Both said in affidavits read by their lawyers that the State had a weak case against them as it relied on the evidence of their 15-year-old co-accused, who had confessed to the crimes.
“I know nothing about the offences and was at home. I am a scholar and had been attending classes when the offences were committed,” Manendzhe said.
“No evidence, such as golf clubs, guns or items belonging to his alleged victims, were found in (my) possession.”
P Mhlongo, Musetha’s attorney, said his client’s constitutional right had been violated as he appeared in court 48 hours after his arrest. The identity parade in which he was positively identified was “tainted”. This, he said, was because he was taken there without being allowed the services of a legal representative.
The arresting officer and three community police forum (CPF) members present at his arrest were allowed to attend.
“That casts doubt on the validity of the identity parade because they (arresting officer and CPF members) had an interest in the case,” said Mhlongo.
Opposing bail, investigating officer Selaelo Ramabale said some of the suspects were pointed out by more than three or four victims.
“The victims’ safety will be jeopardised (if bail is granted),” Ramabale said, adding that some of the accused had previous convictions or outstanding cases.
Other suspects, he said, were still at large.
Denying Manendzhe and Musetha bail, magistrate Herman Badenhorst said he had concluded that the two were part of the gang-related incidents in Freedom Park.
He dismissed Mhlongo’s argument that the identity parade was flawed because the investigating officer was directly involved during the parade.
“But practically, he is always involved in one way or another… as long as he is not there when witnesses are pointing out… I am not convinced that the police bungled the parade… The fact is there is direct evidence implicating (Manendzhe),” Badenhorst said.
The case was postponed to March 16.