Cape Town - The only accused to bring a bail application for his alleged involvement in the kidnap of construction businessman Ismail Rajah has appeared in the Bellville Magistrate’s Court where the State revealed he had been positively identified since his arrest.
Elijah Silinga, Amosse Manyisa, Julio Langa, Luntu Ndika-Ndika and Thamsanqa Mvinjelwa are charged with seven counts under the Prevention of Organised Crime Act (Poca) for robbery with aggravating circumstances, kidnapping, attempted extortion, attempted murder, assault and intimidation.
On Monday, after magistrate Asanda Shasha requested additional information to support the State’s opposition to his release on bail, the State said Silinga had been positively identified.
Following an ID parade which took place on July 13, Silinga was pointed out as one of the suspects involved in holding the 69-year-old captive for 111 days in Mandela Park.
During this time Rajah was subjected to violent torture and deprived of chronic medication.
In giving reasons why Silinga should be released on bail, legal aid lawyer Jermaine Manuel made submissions to the effect that Silinga was a non-violent person with no knowledge of who Rajah was and only ever committed petty crimes of theft and drug possession.
“It is not for the court to decide whether the accused is not guilty or whether the State has a prima facie case, it is until the trial court decides, at this point the accused is innocent until proven guilty,” Manuel said.
He went further in explaining that there was no clear indication of how exactly Silinga was involved in the offences and only considering the seriousness of the charge would be a “pre-emptive punishment”.
State advocate Mervyn Menigo in opposing bail told the court: “(The accused) was continuously present at that premises and in fact involved in keeping the complainant captive.”
He said Silinga was being charged as part of a criminal syndicate who had allegedly been watching Rajah for two years before he was abducted.
While the mastermind behind the operation was yet to be located, Menigo asked the court to consider that the ransom of R7.1 million to be delivered in Dubai meant that there was a possibility that Silinga could evade trial.
“The court cannot ignore the possible links between the accused and persons who reside outside the Western Cape,” Menigo said.
Menigo also said “organised crime has infiltrated the social fabric of the Western Cape” and that Silinga’s safety may be jeopardised because the public confidence in the justice system was at a low.
He therefore asked the court to make a value judgment not permitting the release of Silinga with a finding that it was not in the interest of justice.
Silinga will return to court on Wednesday for judgment in his bail application.