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Murder-accused Sandile Mantsoe was denied bail at the Johannesburg Central Magistrates’ Court this Friday.
The court heard from state prosecutor John Metswamere, who presented a compelling case that this was indeed a schedule-six offence.
Metswamere questioned how Mantsoe had concluded that Karabo Mokoena was dead when he was not certified to do so.”
He argued that “the fact that Mantsoe became a millionaire at the age of 27 clearly shows how smart he is, meaning he may devise means of evading a trail if granted bail”.
Mantsoe’s defence counsel, Victor Simelani, argued that this was not a schedule-six offence and that there were no compelling reasons from the state’s case to indicate that Mantsoe was a flight risk.
Simelani said the fact that “Mantsoe had these assets and/or money that the state refers to means that he is very likely to remain in the country in order to utilise them”.
Through all this, the 27-year-old Mantsoe – who was appearing before Magistrate Karel Labuschagne facing two charges: one count of premeditated murder for the killing of his on-off girlfriend Karabo Mokoena and another count of defeating the ends of justice – remained motionless, maintaining a straight gaze towards the judge.
Mantsoe avoided turning around towards the back of the court which was packed to the brim with family, friends and the media all waiting in anticipation for Labuschagne’s ruling.
The judge adjourned until 10.30am, when he came back and handed down his ruling.
In handing down his ruling, Labuschagne stressed how “the accused’s choice to apply for bail via an affidavit only was obviously not the best as this is less convincing than an oral application”.
The magistrate added: “In the affidavit Mantsoe had argued that he had cooperated fully with the police in their investigations and this should work in his favour in his bail application.”
However, the fact that Mantsoe was now refuting calms that he had confessed to the murder and disposing of Karabo’s body contained in the same affidavit “creates doubt in the court hence causes the court to treat the whole statement [provided via affidavit] with some doubt”.
The magistrate said since the evidence presented by the state pointed to Mantsoe as the person who committed the murder and went on to defeat the ends of justice through disposing the body and cleaning the scene of the crime, it was on him to prove in the balance of probability that he will be acquitted when put on trial.
Labuschagne said that the accused did not successfully prove that should he be put on trial he would be found not guilty. It was therefore not in the interest of justice that bail should be granted and therefore bail was denied.
The case was then remanded to July 28 where it will be heard in court 34. The magistrate said that Mantsoe would not be attending – his testimony would be heard via audio link.
