Durban — Emotions ran high outside the Pinetown Magistrate’s Court as picketing family members learnt that Mariannhill police sergeant Ayanda Doctor Ntombela, who is charged with the murder of Sihle Mtshare, had been granted bail.
“It’s better that we kill him because the law has failed. We don’t care, they can arrest us. This is our blood that was killed brutally. Do they think that he will still be alive by November when he returns to court?” shouted a relative.
Other relatives could not contain their emotions and cried.
Ntombela, who is charged with murder, kidnapping, theft and defeating the ends of justice, was granted R20 000 bail on Wednesday.
Ntombela allegedly took Mtshare in for questioning on August 21 and he disappeared afterwards. His body was later found in Camperdown.
The family members who had gathered outside the court felt that with Ntombela’s release on bail, they too were not safe. One of Mtshare’s relatives, who preferred not to be named, said they were broken-hearted that bail was granted.
“Him being granted bail is a clear indication of something sinister that took place inside that courtroom.
“During the bail application, the way the State prosecutor had presented evidence around the case, it seemed like he would not be granted bail, but this clearly shows the law is non-existent in South Africa. But what’s bad and good is that if he interferes and kills witnesses, he must be ready for the same to happen to him.”
According to the family, the officer could not specify why he was arresting Mtshare, however, when they went to look for him the following day at the Mariannhill police station, nobody knew about his case.
After searching nearby police stations and hospitals, they took to social media to list Mtshare as missing, and were contacted by someone who said he had been arrested the same night as Mtshare. He helped the family by identifying the officer who arrested him.
It’s alleged that the identified officer denied arresting Mtshare or even knowing him, but he was arrested after an investigation.
After two weeks the family said they received a call from the Independent Police Investigative Directorate (Ipid) to identify a body at Camperdown.
During the bail application, it had emerged that Ntombela had taken police to where Mtshare’s body was found, after having said he received a phone call from an unknown person tipping him off to the location.
Magistrate Mngadi, who did not want to give her first name or initials, said in granting Ntombela bail, the court was aware of the protest outside.
“In as much as public opinion has to be considered, the court has to balance the applicant’s rights and time in custody against the interest of justice.”
Mngadi conceded that the community was shocked by Mtshare’s death, but said the State’s evidence was still hearsay and needed to be investigated.
“Bail should be fixed by the court but the amount must ensure the accused continues to appear in court for trial.”
She said that in making her decision she had been mindful of the evidence presented before the court.
The State had indicated that it was opposing bail as it felt that Ntombela, a seasoned detective, having been on the force for over 20 years, would interfere with witnesses and attempt to destroy evidence.
“The applicant is not familiar with the State witnesses, whose identities were hidden during the bail application. There was no evidence led that they made statements and the State did not establish if there was a relationship between the applicant and the witnesses,” said Mngadi.
She said she also weighed up the fact Ntombela had emotional ties to the district of the trial and had no family outside the province, as well as the strength of the State’s case, in granting bail. Mngadi said she did not ignore the fact Ntombela resigned from the onset of the criminal matter.
She granted Ntombela bail on condition that he reports and signs at the Hammarsdale police station three times a week and that he does not interfere with State witnesses or elicit other people to do so.
The matter was adjourned to November for further investigations.
Several witness statements, chain statements as well as the post-mortem report were still outstanding.
Daily News