KEETMANSHOOP – Police Special Reserve Force members Bernard Mulisa Mulisa and Willibardt Neshuku, who stand accused of murdering Ellestee Plaatjie, were granted bail of N$3 000 each on Friday in the Keetmanshoop Magistrate’s Court.
This angered the deceased’s family saying they have lost faith in the justice system.
The accused were charged with one count of murder and assault with the intention to cause grievous bodily harm.
The State opposed bail as the accused might interfere with State witnesses, which include police officers and that public outcry and the administration of justice should be protected.
A highly emotional Edward Plaatjie, an uncle of the deceased said, “justice was not served right from the beginning after the death of Ellestee.” Speaking outside the court on Friday, Plaatjie said they (family) were not surprised that bail has been granted to the alleged murderers of his nephew.
“This was due to reluctant police assistance to the family after the incident and poor investigations,” he remarked with disappointment. Both accused in their testimonies asked to be released on bail to return to work and earn a salary to care for their families. Both were suspended from work without salary.
They also said they have no intention of absconding or not standing trial when out on bail. They also pledged not to interfere with witnesses or police investigations and informed the court of not having any pending court cases against them or committing any crimes before. According to them, they patrolled the area near Unam southern campus in Keetmanshoop on the day of the incident whereby they observed the movements of the (now) deceased and another suspect, Jason Jansen to be suspicious.
They added that, upon approaching the duo, Plaatjie took something from his pocket and placed it in his mouth. The testimonies indicate that Jansen was found in possession of a matchbox containing cannabis seeds whilst they got the smell of cannabis from the deceased. According to their statement, whilst travelling, the deceased grabbed a teargas canister from the ammunition box in the vehicle after which Mulisa jumped on him in an effort to retrieve it with Neshuku assisting him in the process. The accused also claimed that the deceased and Jansen were at no stage assaulted while in transit with the police officers in the van.
In its closing arguments, the defence, handled by Marthino Olivier during a previous court appearance, reasoned the decision of the court not to grant bail to the accused during a previous appearance was based on emotions rather than a legal basis. Olivier argued that it was the duty of the State to present credible evidence before court for opposing the granting of bail. The defence also informed the court that the investigating officer testified under oath that she already obtained statements from witnesses, implying that the accused cannot interfere with investigations whether granted bail or not. The defence concluded that bail in the amount of N$3 000 should be granted to the accused with conditions.
The State said the accused did not present sufficient evidence before court to justify their release on bail. It further reasoned that the court should first be convinced that the accused are suitable candidates to be released on bail. Delivering his ruling, magistrate Erich Dandu said nothing has been placed before court that stand against the granting of bail. He continued that there was also no evidence present that the accused might interfere with the investigation.
“Furthermore, it has been established that police investigations were nearly completed whilst no evidence could be presented that the granting of bail would not be in the interest of public,” said Dandu. He continued that, in light of the evidence placed before court, the application for bail to the accused will be granted. “Bail conditions attached is that both accused should not interfere with police investigations and should not make direct/indirect contact with State witnesses.”