Some of the accused in the multimillion-dollar heist at Johannesburg International airport claim they were forced to admit they were involved in the crime, the Kempton Park regional court heard on Thursday.
The court heard that Nazir Ismail had said earlier in the week his statement was not made voluntarily but under duress, and that he did not intend testifying for the state.
Another co-accused also withdrew his witness statement, attorney Christo Meiring submitted in the formal bail application for his client, Christopher Billing (40).
It was only on the basis of those statements that Billing was being held.
He told the court it was ”very, very dangerous” to rely on the content of those statements.
The court had only been told that the accused were being implicated by witnesses, not what they had done or the role they had played in the heist.
Their statements were also contradictory.
Ismail’s statement, in particular, gave the impression he was trying to exonerate himself and created the perception that he was intimidated.
”I suggest this is an indication as to what extent [investigating officer] Superintendent Willie Joubert is willing to go to convince the court there is a strong case against the accused,” Meiring said.
He accused Joubert of deliberately trying to mislead the court about the strength of the case against Billing.
”The state’s case against the accused is rather flimsy.”
Meiring said that Billing had surrendered to the police on discovering there was a warrant for his arrest. This happened even though the original investigating officer in the case had not been interested in him doing so. That policeman had since been arrested for suspected involvement in the theft of recovered money in the matter.
”This clearly indicates the applicant wishes to stand his trial and have no interest at all to evade that trial.”
There was also no evidence that he had interfered with witnesses, that he had assets abroad, or had attempted to leave the country.
Meiring urged the court to find that Joubert was ”not talking the truth in alleging that Billing was being investigated for two armed robberies and a house breaking”.
These were ”feeble attempts” to try and prevent his release on bail.
Billings was allegedly part of a gang which boarded a South African Airways plane in March and made off with R72-million in foreign currency.
He is appearing in court with Rashdee Rudolf (42) of Cape Town, Uakareraije Maundu (36) and Uakotokia Tjinkinda (37) both of Namibia, Foe Sithole (31) of Vosloorus and Tebogo Nhlapo.
Another accused, Shaid Rudolf (43)of Eersterus did not appear as he is in hospital in Pretoria with heart problems.
They are all bringing formal applications for bail. The other suspects in the case will appear in the Kempton Park Magistrate’s Court on July 12.
They are Airports Company of South Africa employees Sean Soobramoney (32) Nazir Ismail (38) and Rookaya Ebrahim (35). Soobramoney is out on R75 000 bail, Ismail on R40 000 and Ebrahim on R20 000.
They face charges of conspiracy to commit robbery with Mzikise Maqwaza (24) Vusimuzi Ichumelo (32) Themba Phutsitsi, Annanius Nepfumbe (38) and Danisa Nee Tsuma (32). Another accused, Bhekithembo Khumalo (34) has since died of wounds suffered when he was shot during his arrest.
The bail application was also postponed to July 12. – Sapa