By Lehlohonolo Lehana.
Self-proclaimed prophet Paseka Motshoeneng, also known as Pastor Mboro and his bodyguard, Vincent Baloyi denied bail on Monday in the Palm Ridge Magistrate’s Court.
Mboro and the accused were arrested following a viral video showing the three wielding a gun and panga and threatening teachers at the Matsediso Primary School in Katlehong.
“In considering all the evidence before the court, the evaluation of the factors listed … applicant one and two did not discharge the onus that rests on them and have not adduced any evidence which has satisfied this court that it is in the interests of justice that they be admitted to bail … therefore applicant one and two, your application for bail is denied,” magistrate Katlego Mokoena told the self-proclaimed prophet and his bodyguard.
“Applicant number three, there’s no basis that you should be detained until the finalisation of this matter and therefore the court shall grant his release from custody. So … applicant three, you’re released on warning with the following conditions: you are to have no direct or indirect contact with the witnesses save for the maternal grandmother and aunt under the guidance of the court.”
While magistrate was reading her ruling, Mboro was seen shaking his head profusely, he appeared shocked and made different facial gestures that seemed to indicate that he was falsely accused.
During the proceedings, Defence lawyer, Phillip Dlamini said his clients don’t pose danger to the community.
“The congregation held two church services in the past two weeks. This shows the community has no problem with Mboro despite what happened weeks ago when the church burnt down,” said Dhlamini.
The court also heard that Mboro had been arrested nine times, and had given a number of different residential addresses, the state argued that he might be a flight risk. It was heard that all nine cases were withdrawn for various reasons while some are under investigation.
State prosecutor, Pheello Vilakazi, said the accused tends to give false information as they have done in the bail application.
Vilakazi asked how they can be trusted because they’re dishonest people. He also asked the court what message it will send to the community if the suspects are granted bail since they threatened children violently with pangas and weapons at school which is supposed to be a safe place.
“It won’t be in the interest of justice for any of the accused persons to be granted bail, unless they can show evidence that their release won’t undermine the interest of justice,”Vilakazi said.
The case was postponed to 21 October.
NPA regional spokeswoman Phindi Mjonondwane said they welcomed the judgment.
“Motsoeneng and Baloyi failed to discharge the onus on them to convince the court that the interest of justice permits their release on bail. The court had remarked on the evidence presented by the state citing it was sufficient,” said Mjonondwane.