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Bfn High Court to make #Senekal bail judgment

───   LUCKY NKUYANE 09:06 Mon, 19 Oct 2020

Bfn High Court to make #Senekal bail judgment | News Article

The Bloemfontein High Court in the Free State is on Monday expected to make a much-anticipated decision on whether to overrule the Senekal Magistrate and grant André Pienaar bail.


Pienaar was denied bail by Magistrate Buti Mlangeni on Tuesday 13 October after he was arrested for attempted murder, malicious damage to property, and public violence following chaotic scenes on Tuesday 6 October at the Senekal Magistrate's Court. 

Mlangeni said releasing Pienaar on bail would have led to shock or public outcry as this would be seen as endorsing lawlessness by the justice system. Pienaar's legal team, led by advocate Jacques Potgieter, on Thursday argued in front of Judge Celeste Reinders, asking the court to overturn Mlangeni's ruling, saying the Magistrate made certain findings without evidence. Potgieter further said Mlangeni misdirected himself in the evaluation of where the interest of justice lies by considering unproven, unsubstantiated factual findings.

Judge Reinders reserved judgment for Monday morning 19 October at 09:00 after the state's prosecutor, Johan Roothman, and Potgieter went toe to toe and locked horns in a bid to convince Judge Reinders on Thursday. Roothman on Thursday said even if Mlangeni was wrong in applying the law, Judge Reinders needed to evaluate and recheck all the evidence before her to consider if Pienaar was fit for bail. During the accused's bail hearing, Roothman used Pienaar's bipolar mood disorder against him and said a person with such a condition would be difficult to control or keep in check if granted bail. 

The case of violence followed the appearance of two suspects accused of murdering the 21-year-old Brendin Horner. The two suspected murderers, Sekwetje Mahlamba (32) and Sekola Matlaletsa (44), appeared in court in Senekal for the first time on that Tuesday after being nabbed for the alleged murder of Horner, at Paul Roux near Bethlehem.  


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