George Herald | Beard bail decision Wednesday

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Beard bail decision Wednesday
15:26 (GMT+2), Tue, 21 August 2012

NATIONAL NEWS - The Krugersdorp Regional Court will rule on Wednesday whether two men accused of assaulting two Muslim men, killing one, would be granted bail.

Magistrate Reginald Dama said: "I am fully aware that the bail proceedings are urgent... But at the same time I need to apply my mind regarding this matter."

His judgment on the bail application would be heard at 11.30am.

Roedolf Viviers, 28, stands accused of murder and assault with intent to cause grievous bodily harm, while Zayne van Tonder, 33, is accused of assault.

The two allegedly made racist remarks to Muhammad Fayaaz Kazi and his friend Anser Mahmood at a fast food outlet in Magaliesburg on August 6.

An argument and a fight ensued. Kazi died in hospital.

Sakkie Smith, for the accused, told the court Van Tonder's fiancée gave birth to his second child last week, while he remained in custody.

Prosecutor Micky Thesner said the State did not oppose Van Tonder's bail and suggested it be set at R2000.

The State opposed Viviers' bail as he was accused of a schedule five offence which, according to the Criminal Procedure Act, requires him to prove exceptional circumstances exist to get bail.

Smith read out an affidavit by Viviers detailing why he believed he should be granted bail. Viviers said he looked after his ill and elderly mother. He was the sole breadwinner of his family and provided for his fiancée and her young child.

Viviers signalled his intention to plead not guilty to all charges. There was no risk that he would skip bail, Smith said.

Representatives of the SA Communist Party were present in court. Spokesman Diteko Moreotsenye said the party was there to draw attention to racial issues which were eroding South African society.

Source : Sapa