Cape Town - One of the men arrested in a police raid which freed kidnapped businessman Ismail Rajah has been granted bail after he insisted he was busy with “night gardening” when he was apprehended.
Identified as one of the men who held Rajah captive for 111 days, Elijah Silinga, from Mandela Park, was granted bail by the Bellville Magistrate’s Court.
The State alleges Silinga, 30, and four others worked together in common purpose to execute a well-orchestrated operation as part of a criminal syndicate to abduct Rajah outside his construction business in Parow on March 9.
After being transported to the Khayelitsha house, Rajah was violently tortured, deprived of chronic medication and threatened with gardening tools while his captors demanded his family pay millions of rands for his release.
Silinga was arrested by the national Anti-Kidnapping Unit, along with two Mozambicans Amosse Manyisa and Julio Langa during a midnight raid on June 28 at the house of their co-accused Thamsanqa Mvinjelwa, where Rajah was found and rescued.
During his bail application, Silinga testified he was employed to do gardening at the premises where Rajah was found, and was arrested at the scene because he wanted to water the plants at night.
Silinga insisted he had no knowledge of Rajah being chained to burglar bars inside the house but had seen his two Mozambican co-accused on a few occasions.
His legal aid lawyer Jermaine Manuel argued Silinga had no reason to evade trial because he had no close family ties outside of the Western Cape, and had no predisposition to violence.
Magistrate Asanda Shasha said: “One would ask himself as to why the accused decided to go water plants at 7.30pm? My research tells me the best time to water plants is in the morning or in the evening.
“One should be careful not to use an armchair critic approach when considering this issue – one should be alive to the realities of life in the location (black township). It is well known people do not go to bed like in the suburbs where you do not see people on the streets after certain times.
“Locations are abuzz at night, it is therefore not strange for neighbours to visit each other at any time.
“The accused’s presence there does not lead to the only conclusion that he was involved in the commission of the crime. The court is aware that this court is not a trial court but the applicant’s explanation is reasonably possibly true. (The) victim was expected to see the applicant in that house because it is his place of employment.
“If you read the statement of the victim, there was no direct link between applicant and the victim, therefore there is a likelihood that the trial court might find the applicant not guilty.”
His bail would be granted with conditions that would be determined next week, for now he remains in custody.