Cape Town - Three Grassy Park men have appeared in the Wynberg Magistrate’s Court charged with the murder of three men found dead in Victoria Lodge informal settlement in March this year.
Ismail Amardien, Ebrahim Barendse and Yusuf Barendse are charged with 13 counts pertaining to an Anti-Gang Unit investigation which resulted in their arrest in September this year.
Earlier this month, the Barendse brothers and Amardien tried to convince the court through their lawyers that they ought to be released on bail as the State’s case against them was “lacking in substance”.
On Monday, State advocate Nathan Adriaanse placed before the court reasons in opposition to bail, arguing that Amardien “misled” the court.
Financial support for 10 children, medical treatment for a urinary tract infection, and abhorrent prison conditions were argued to be among reasons he ought to be released on bail.
Advocate Adriaanse made submissions that Amardien had been lying.
“On this point, it is clear the allegations made by the applicant are bald-faced lies … his personal prison file was perused and no medical history or medication appears in the file. It is therefore clear the applicant has misled the court.
“The applicant (Amardien) is using the feeding of food parcels as well as the petition as part of a strategy employed by gangs in order to secure his release from detention,” he said.
Advocate Adriaanse also discounted the defence’s argument that Amardien had an alibi, stating that his being at home at the time the incident occurred was a “denial” rather than an alibi.
Regarding the Barendse brothers, Adriaanse said: “(AGU detective) Camilla Jones has rubbished claims that she detained witnesses for 72 hours, she has also rubbished the dates provided of the so-called detention…
“The statements taken under duress by the legal representative are riddled with inaccurate information and are proof that no reliance can be placed on them.”
He said that their father Moegsien Barendse came into contact with State witnesses because they were community members.
He noted: “It is inherently improbable that all of the random community members that approached the father of the applicants just happened to be State witnesses.”
At this stage the State believes it has a strong prima facie case against the three accused, who will return to court on December 5.