The Palm Ridge Regional Court has turned down the prosecution's request to submit an additional affidavit in a Radovan Krejcir's bail application.
The Palm Ridge Regional Court turned down the prosecution's request to submit an extra affidavit on Wednesday in the bail application of Czech businessperson Radovan Krejcir and three others.
Magistrate Reginald Dama made the ruling after the defence objected to the submission of a document containing replies by the state to replies made by the defence.
Willie Vermeulen, for Krejcir, said court rules did not permit a reply to a reply.
"The state stated its case on Tuesday, and all members of the defence replied. The nature of a bail application does not permit this ... otherwise, when are we going to end?" he asked.
Krejcir's co-accused are estate agent Desai Luphondo and Hawks members warrant officers Samuel Modise Maropeng and George Jeff Nthoroane.
They were arrested last month and face charges of assault, kidnapping, and attempted murder.
Andre Steenkamp, for Luphondo, and Francois Roets, for Maropeng and Nthoroane, also objected to the state's new affidavit.
"Why was this new evidence never presented to the court before? This means we have to reply again and that means the applicants have to spend more time in custody," said Roets.
Prosecutor Louis Mashiane had asked the court for time to liaise with the investigating officer so he could respond to the defence statements presented earlier.
He told Dama he had been ambushed with all sorts of allegations against the state by the defence and therefore had the right to reply.
Mashiane argued that the law permitted that the rules be relaxed when it came to bail applications.
Dama turned down his request.
Earlier, the court heard that the state has no case or evidence against Maropeng and Nthoroane.
"Accused three and four have been accused of threatening witnesses by the investigating officer ... no such evidence was presented by the state implicating them directly or indirectly," submitted Roets.
Roets argued that the policemen were not a flight risk and should be granted bail.
They have denied any involvement in the alleged crime.
Roets said there was no truth in the state's allegation that Maropeng owned four properties and four luxury cars.
His client owned only one property and was renting in Germiston, on the East Rand.
"My client only owns the Nissan Navara and not a Maserati, Range Rover and a Mercedes-Benz as stated before this court."
Maropeng said he was a widower and looked after seven children. Roets said Nthoroane's wife was also a member of the police. Nthoroane denied threatening any witnesses, he said.
"My clients are members of the police, have no previous convictions ... they are not streetwise thugs."
He asked why his clients were arrested five months after the alleged crimes were committed in June.
Vermeulen told the court his client would not leave the country or threaten any witnesses if he was granted bail.
Krejcir also denied the charges against him.
Luphondo's lawyer said his client was a sole breadwinner who looked after eight children, and should be granted bail.
"The state alleged he is a drug-pusher, but [he] has not been charged or arrested for such drug allegations."
He said there was only one complainant in the case, and that the state had resources such as the witness protection service to ensure he was not harmed.
The state alleges that Krejcir, Luphondo, Maropeng and Nthoroane, were involved in the kidnapping and assault of a man whose brother was recruited to smuggle drugs through OR Tambo International Airport to Australia.
The alleged smuggler, known as Doctor, worked at the airport. He disappeared after handing airport clearance receipts to Luphondo. The consignment did not reach Australia. The bail hearing continues. – Sapa.