Durban — A police constable charged with the murder of his mother was on Tuesday denied bail in the Pinetown Magistrate’s Court.
Lungisani Xaba is alleged to have assaulted Greta Xaba, 70, with a wooden plank with nails in it on May 6, two days before Mother’s Day in KwaDabeka, outside Pinetown.
In her ruling, magistrate Gwendolyn Robinson said that during the bail application the investigating officer had told the court that Xaba was familiar with some of the State’s witnesses as well as the testimony they were expected to give. However, in his affidavit, he was adamant that he did not know the witnesses.
“The court has to question why this was done. You are a police officer, having been for more than 10 years, you are well aware of the Criminal Procedure Act and how it operates. This brings the question: why would you deny knowledge of the witnesses when it has been evidence led in court that you know some of them? Why would you be adamant about not knowing them? This cast a shadow in respect of this bail application,” she said.
Robinson said in reaching her ruling the court also took into consideration factors, including the charge against Xaba, the prevalence of this type of offence, the nature and grounds of the charge, the strength of the case against Xaba, the nature and gravity of punishment to be imposed should he be convicted as well as his relationship with some of the State witnesses.
“I’m mindful of the fact that it's not my duty to decide whether you are guilty of the offence that you are charged with. I need to consider two competing interests: that of your right to liberty as well as the interest of society.”
In his bid for bail, Xaba had opted to do so through an affidavit instead of taking the stand and opening himself to cross-examination by the State in the application.
Through the affidavit, Xaba told the court that he intended pleading not guilty, indicated that he did not know the witnesses, was arrested at his place of residence in KwaDabeka and had complied with police.
He urged the court to grant him bail as he needed to prepare for an internal disciplinary hearing that he was likely to face.
The court heard that Xaba was supporting his children and attached his salary advice to his affidavit submitted to the court.
Robinson said that in opposing bail, the investigating officer told the court that Xaba had been linked to the offence by witnesses who were present during the commission of the alleged offence.
“The investigating officer mentioned that there was a case opened against you at KwaDabeka SAPS but have not yet been charged for pointing of a firearm.”
She further said that the court had been given a petition from the community with 99 signatures opposing Xaba being granted bail, with some of the witnesses being his family who feared for their lives should he be granted bail.
Before the bail ruling, the State had handed documents to the court from the police, which read as a notice of intended suspension to be served on the accused member who had “committed serious misconduct”, once out of custody.
Daily News