Hip-hop artist Momole “Jub Jub” Maarohanye and his co-accused, Themba Tshabalala, were granted bail of R10 000 each in the Protea Magistrate’s Court on Friday on four murder charges.
“My finding is that there are not enough exceptional circumstances … I took into account the intense emotional situation, the circumstances in which the act was committed … and the outrage that led to public disorder,” said magistrate Andre Auret.
He said it was his opinion that the safety of the accused was definitely at risk, but added: “I am convinced they have means to protect themselves in various ways, –to name only one, they could resettle somewhere else until the case is finalised.”
“Whether the sense of shock and outrage was caused by media coverage or any other factors, it still remains that it [violence] existed on March 10 on Wednesday, yesterday [Thursday] and today,” said Auret.
Family members of the victims immediately ran out of the court building to see the reaction of protesters who were throwing stones into the court premises.
Media to blame
Earlier, the lawyer for Jub Jub and his co-accused said that the media is to blame for death threats against them.
“Until the media got involved, there was no violence,” Ike Motloung told the court, referring to repeated threats by members of the public to hurt the accused and their families.
Police had to again disperse protesters outside court on Friday morning with rubber bullets.
“The good media … ran with this whole story for a whole week and they knew there will be a bail application and they were talking about the bail,” said Motloung.
“The worst thing they did: they fooled the people that this was drag-racing, and just to spice it up they reported [that] both accused were high on alcohol and drugs.”
Several schoolchildren were arrested for public violence this week after venting their anger against the two.
They were charged after an alleged drag-racing accident on March 8 in which four pupils died and two others were critically injured.
The state made a weak case in arguing against bail, Motloung contended.
“One of the most important considerations for bail is whether an accused person, if granted bail, will evade trial or not.
“The likelihood that the accused person may interfere with investigations or threaten or intimidate witnesses … this ground is not seriously contended by the state,” he said.
‘The court should not be oblivious to the outcry of the community’
State prosecutor Liezl van Jaarsveld, in her closing arguments, warned the court that a bail release could create public disorder.
“The court must take into consideration the sentiments of the community … the outrage of the community may lead to public disorder if they are released,” she submitted.
“The court should not be oblivious to the outcry of the community.”
Van Jaarsveld criticised Jub Jub, who testified on Thursday that he would plead not guilty and denied being under the influence of any substances at the time of the accident that led to the murder charges.
“The accused wants the court to be oblivious to the facts surrounding his release,” said Van Jaarsveld.
“The evidence speaks for itself.”
The court heard earlier this week that traces of morphine and cocaine were found in urine samples taken from both men after the accident. Tshabalala was also twice over the legal alcohol limit. — Sapa