Update

GEORGE NEWS - The National Prosecuting Authority (NPA) says it found no grounds to oppose bail for the two men accused of murdering Reinbrecht Piper (21), although the prosecution had not yet viewed CCTV footage of the incident when their applications were heard.

Justin Jafta (28) and Craig Nelson (27) were released on bail of R1 000 each on 1 October. They face a charge of murder with common purpose following Piper’s fatal stabbing at the McDonald’s drive-through on Courtenay Street.

NPA spokesperson Eric Ntabazalila said the decision not to oppose bail followed consideration of the police docket and consultation with the investigating officer.

Both accused had fixed addresses, had not been involved in criminal activity before the incident and had co-operated with police, he said.

According to Ntabazalila, the State found no evidence of the bail risk factors set out in Section 60(4) of the Criminal Procedure Act, including danger to the public, interference with witnesses or evasion of trial.

“There were no grounds to oppose the bail application of the accused,” he said.

The State found no evidence that the accused would endanger the public, commit further offences, evade trial or interfere with witnesses or evidence. 

However, because the murder charge was dealt with under Schedule 6, the accused still had to satisfy the court that exceptional circumstances existed which, in the interests of justice, permitted their release. That decision rested with the court, even though the State did not oppose bail.

The bail application

During the bail application, both defence attorneys argued that there were no risk factors that justified keeping their clients in custody. They highlighted their clean criminal records, fixed addresses, permanent employment and family responsibilities, and submitted that exceptional circumstances existed for bail.

Nelson’s attorney told the court that his client is permanently employed and supports his grandmother, mother and siblings, some of whom are minors. He left school in Grade 10 to support his family and has no previous convictions.

Jafta’s attorney argued that his client is not a flight risk, has a fixed address and permanent employment, and has co-operated with the police since his arrest. He also supports his elderly grandmother and is the family’s sole breadwinner.

The court heard that Jafta is a first offender and, according to his attorney, is “not building a career in criminal activity”.

His attorney argued that his personal circumstances, viewed cumulatively, amounted to exceptional circumstances.

The defence further submitted that the accused would not interfere with witnesses or the investigation and would adhere to strict bail conditions.

Both accused admitted being at the scene that night. They told the court that physical altercations took place, with each allegedly fighting one person, but denied carrying weapons.

The State decided not to charge the three other men who were arrested. They provided statements against the accused and were released.

CCTV viewed after bail hearing

Ntabazalila confirmed that the State did not have access to the McDonald’s footage before the bail applications were heard.

He said the footage was provided to the investigating officer the following day as the officer was in Cape Town on the day of the bail application.

The prosecution subsequently viewed footage showing all angles of the incident with the investigating officer on Monday 5 October.

Asked whether the State had sufficient information to take an informed position on bail without the footage, Ntabazalila said it did.

“Footage is not always available on the day of a bail application. [The] State viewed all angles of the incident from the footage on 5 October together with the investigating officer. The State was in possession of the docket and had a discussion with the investigating officer prior. The case is still under investigation, so the docket is not ‘complete’,” said Ntabazalila.

Court decides exceptional circumstances

The bail applications were dealt with under Schedule 6, which places an obligation on the accused to satisfy the court that exceptional circumstances exist that, in the interests of justice, permit their release.

Ntabazalila stressed that deciding whether the accused had met that requirement was the court’s responsibility.

“The State does not accept or consider exceptional circumstances. The court decides whether an accused discharged the onus,” he said.

The State’s reasons for not opposing bail were placed on record at the outset of the proceedings, he added.

Regarding the amount, Ntabazalila said the investigating officer proposed R1 000 bail, while the second accused proposed R500. The NPA’s response described R1 000 per accused as appropriate.

The State remained satisfied with its handling of the bail applications.

Family lodges complaint

Piper’s family has formally lodged a complaint with prosecuting authorities regarding aspects of the bail proceedings and the investigation.

In a statement issued on 6 October, the family said its legal representatives submitted the complaint shortly after bail was granted and that it was awaiting a response.

The family declined to disclose its concerns while the criminal case continued, saying it did not want to prejudice proceedings, compromise the investigation or disclose potentially relevant information.

It said it respected the independent roles of police, prosecutors and courts but believed raising concerns through the proper channels was necessary to ensure accountability.

“For the family, this is about justice for Reinbrecht and his two friends, but also about every South African family affected by crime. Because Reinbrecht cannot speak for himself, his family will continue to speak on his behalf,” the statement reads.

Investigation continues

Piper, an electrical apprentice at Terayne Electrical Maintenance, was fatally stabbed during an altercation in the early hours of 27 September.

Five men were initially arrested. Three were subsequently released, leaving Jafta and Nelson as the two accused currently charged in connection with his death.

Asked about comparisons with the Mark Lifman murder case, Ntabazalila said the prosecutor handling the Piper matter could not comment because he had not dealt with the Lifman case and was not privy to the considerations in its bail applications.

Piper’s family has appealed to anyone who witnessed the incident or has information that could assist the investigation to come forward.

Jafta and Nelson have not pleaded to the charge and remain presumed innocent until proven guilty. Their next appearance in the George Magistrate’s Court is scheduled for 3 December.

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