By Lehlohonolo Lehana.
The case against eight VIP police officers assigned to Deputy President Paul Mashatile was postponed again today by the Randburg Magistrates’ Court.
The matter entered its third day with the accused clinging to their hopes of being granted bail.
Shadrack Molekatlane Kojana, Johannes Matome Mampuru, Pomso Joseph Mofokeng, Harmans Madumetja Ramokhonami, Phineas Molefo Boshielo, Churchill Mpakameseni Mkhize, Lesibana Aggrie Rambau, and Moses Fhatuwani Tshidada appeared at the Randburg Magistrate’s Court on Thursday.
During the proceedings defence advocate Mbhoni Mahlaule argued that the men were no longer in a “position of power” and could not intimidate State witnesses.
He also argued against the admission of the video footage of the assault that has been widely shared on social media, saying it was captured by a civilian who is still unknown.
Mahlaule said that there are concerns regarding the credibility of the video.
“If the person who shared the video footage is not known, it raises the questions – how was the video footage or the evidence of the video footage generated and how was it stored?”
The matter of identifying which officers were in the video was also dealt with.
“If the court makes an order regarding the unmasking of the accused, it will be based on evidence that is questionable,” Mahlaule said.
State advocate Elize Le Roux argued that the eight men were part of a specialised unit and that they had access to resources, despite their suspensions.
“They don’t operate in isolation. It is always a difficult situation where witnesses are in fear of intimidation. It is one of the factors this court has to take into account.”
Le Roux added that the State had not yet contacted the motorist who sent the footage of the incident.
She also told the court that the State had been exploring other avenues to prove the credibility of the footage.
National Prosecuting Authority (NPA) Gauteng spokesperson, Phindi Mjonondwane said the main reason they are keeping the suspects locked up is due to the threats to the witnesses. “The accused before court pose a threat. The only ground to us is that the witnesses are fearing for their lives. It is not because we think the accused will not attend the trial,” she said.
“They denied that they pose any danger to witnesses, they also said the witnesses are unknown to them even if we were to disclose who our witnesses are, they will not threaten them or interfere with the investigation process,” she said.
The group is facing 12 counts ranging from traffic infringement, several charges of assault, malicious damage to property, and the pointing of a firearm. The officers remain behind bars until their next appearance on 1 August.