The state on Wednesday urged the Wynberg Regional Court to refuse bail for slain entertainer Taliep Petersen’s widow, Najwa, as well as for one of the three co-accused in the murder, Abdoer Emjedi.
Prosecutor Shireen Riley said she had no wish to downplay Petersen’s serious psychiatric conditions, but contended that Petersen’s condition required a structured prison environment.
She said there was a strong likelihood that Petersen would attempt suicide at home if released into the care of her family.
Riley told the court: ”In a supervised environment such as prison, there would be less chance of suicide.”
She said the court in fact had a duty to protect Petersen, and by allowing her to go home the court would be asking the family to police her and to supervise her medication.
”If she decides not to take her medication, and she relapses as a result, who at home will take responsibility?” she asked.
Riley said Pollsmoor Prison currently had 15 mentally ill patients, and was managing them adequately.
Riley contended that Petersen would be a danger to the community if released on bail.
Earlier, when advocate Lionel Jacobs started his closing argument on behalf of Emjedi, magistrate Robert Henney said he had serious concerns about where Emjedi would live if released on bail.
Jacobs said Emjedi would live in a family house presently occupied by his brother.
Jacobs added: ”If he is not at this family house when the police need him, his bail can be revoked.”
Evidence during the proceedings was that Emjedi, although married with children, also had a girlfriend, and that police arrested him for the murder at his girlfriend’s home.
On Wednesday, Jacobs told the court, ”It is not uncommon for a married man to have a girlfriend.”
The magistrate responded: ”I hope your wife does not hear that.”
Henney said it troubled him that if Emjedi was not at home with his wife, he was with his girlfriend, or living with a friend.
Henney added, ”He now has a convenient address — his brother’s home — because of these bail proceedings.”
Jacobs said the law did not require a person to only have one address.
Jacobs contended that the state had a weak case against Emjedi, based on three statements made by a ”self-confessed liar”.
This in itself justified his release on bail, Jacobs said.
Petition
Earlier, Najwa’s own family handed to the court a petition in which the community demanded she remain in custody.
Najwa is alleged to have hired three hit men to shoot dead her husband in December last year.
Last week, she and Emjedi launched a combined bail application before Henney.
After hearing closing argument on Wednesday from the defence team and Riley, Henney said he would try to deliver judgement on Thursday.
Advocate Craig Webster, representing Petersen, seemed taken aback when prosecutor Riley handed up the petition.
Riley said the petition had in fact been organised by Petersen’s own family.
Webster told the court he did not know about the petition, and had not seen it, and for this reason objected to it being handed to the court as part of the record.
He later withdrew his objection.
In his closing argument, Webster said the crisp issue was whether the interests of justice permitted Petersen’s release on bail.
He reminded the court that she was presumed innocent until a court of law ruled otherwise.
He said Petersen also had a constitutional right to her liberty, and this right had to be balanced with the interests and needs of justice.
He said the onus was on Petersen to establish, on a balance of probabilities, that there were exceptional and compelling circumstances justifying her release on bail.
Webster said Petersen’s circumstances were ”very exceptional”, and included her long history of severe psychiatric problems.
She had received intensive psychotherapy and medication over a period of time.
He said she was presently in a precarious mental state.
Asked by the magistrate who would care for her if she were released on bail, Webster replied: ”Her family.”
The magistrate responded: ”What family? There is no evidence that someone will take the responsibility.”
Webster replied: ”There’s evidence that her family cared for her.”
Magistrate: ”Yes, but who?”
Webster responded: ”Does it matter? She has a son and other family members in Cape Town. She has a caring family, and needs ongoing intensive care.” — Sapa