Senekal Murder trial (Brendin Horner)

skimread

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Live Link - Magistrate delivers bail judgment in Senekal murder case

 

skimread

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Applicant no 1 is refused bail. There is a big backlog in forensic cases that can take 6 months.

Applicant no 2 is granted bail. He has a disability grant and would lose that if not given bail.
 

thechamp

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So if you're accused of storming into a court and inciting violence, you're not allowed bail and charged with terrorism, and if you're accused of murdering someone, you're granted bail. Banana republic.
All lies, don't go around listening to stories.
 

skimread

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So if you're accused of storming into a court and inciting violence, you're not allowed bail and charged with terrorism, and if you're accused of murdering someone, you're granted bail. Banana republic.
There wasn't evidence tying him to the crime scene. He was in custody and his brother-in-law threatening witnesses was not because of him

He was asked to pay R5000 bail. I think probably the EFF will probably pay it.

The other guy who didn't get bail had blood stain clothing in his freezer which he lied about.
 
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skimread

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All lies, don't go around listening to stories.
Is the media lying?


  • Applicant two, Sekola Matlaletsa, has been granted bail
  • Applicant one, Sekwetje Mahlamba, was denied bail
  • Matlaletsa has been granted his temporary freedom due to a lack of ‘prima facie’ evidence against him
  • Doubt was cast on Mahlamba however, after van Rooyen reasoned that he had been heard boasting about the murder of Brendin Horner.
  • Matlaletsa’s disability grant also played a significant role in the verdict…

and this is what the judge said

Applicant number two has strong family ties in South Africa and does not have a passport or family elsewhere. I should also not lose sight of the fact that applicant number two’s last brush with the law was in 2011, about nine years ago.”

No evidence was ever produced that applicant number two instigated his brother in law to threaten the witness in Senekal. Therefore the alleged actions of applicant number two cannot be attributed to the accused. There is no direct evidence linking applicant number two to the crime. And the DNA results are inconclusive with regards to him.”

I would be failing in my duties as a judicial officer if I were to keep the accused in custody because of the threat of public violence. The continued detention of accused two will prejudice him because he will lose his disability grant.
Is the judge lying?
 

skimread

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How is that different to a person no longer able to earn a salary if they were denied bail? Except he gets it for doing fokol.
The bigger issue Sekola Matlaletsa has been arrested 16 times already yet gets bail. He has been found guilty four times of stock theft. He has a disability grant and his family has a child care grant. He was found bragging about the murder in a tavern.
Does he spend his disability grant money and his child grant money in tavern?
Sure his brother-in-law threatened a witness but the witness had to go into witness protection because of that.
He lied about his alibi but the state couldn't place him at the scene. There is a 6-month backlog in forensic testing.
 

Fulcrum29

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I now want to see the court judgement, I am not going to listen to the video in full. As I understand now the arson is due to a lighted piece of paper being thrown into the accused holding cells, and the assault of the two was actually the beating on the cell doors? This was brought up in the safety of the two accused, that they may face public violence.

Not a single mention of injury. If this is true, then the state really went out to make an example, they can't even pinpoint who fired the firearm... not even a single witness. I am sure it was one of the cops IMHO.

Odd how things come out in separate cases, though there is a relation.
 

11Snowman11

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I now want to see the court judgement, I am not going to listen to the video in full. As I understand now the arson is due to a lighted piece of paper being thrown into the accused holding cells, and the assault of the two was actually the beating on the cell doors? This was brought up in the safety of the two accused, that they may face public violence.

Not a single mention of injury. If this is true, then the state really went out to make an example, they can't even pinpoint who fired the firearm... not even a single witness. I am sure it was one of the cops IMHO.

Odd how things come out in separate cases, though there is a relation.
Today's bail judgment or the bail judgment of Pienaar? I can see if I can find anything but cannot promise anything
 

Fulcrum29

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Today's bail judgment or the bail judgment of Pienaar? I can see if I can find anything but cannot promise anything

Today's judgement, they were 'debating' the specifics of the bail application that they may be threatened with public violence. They reviewed what has happened on the day the courthouse was stormed.

Back on Senekal 1, it was reported by the police that both of the accused was assaulted and injured, and then taken to hospital, it was also alleged that the protesters tried to burn down the courthouse. They were also very specific about how Pienaar assaulted the accused.
 

11Snowman11

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Today's judgement, they were 'debating' the specifics of the bail application that they may be threatened with public violence. They reviewed what has happened on the day the courthouse was stormed.

Back on Senekal 1, it was reported by the police that both of the accused was assaulted and injured, and then taken to hospital, it was also alleged that the protesters tried to burn down the courthouse. They were also very specific about how Pienaar assaulted the accused.
Will see if I can get it, might be hard as it is only a Magistrate court bail judgment.
 

Mista_Mobsta

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Today's judgement, they were 'debating' the specifics of the bail application that they may be threatened with public violence. They reviewed what has happened on the day the courthouse was stormed.

Back on Senekal 1, it was reported by the police that both of the accused was assaulted and injured, and then taken to hospital, it was also alleged that the protesters tried to burn down the courthouse. They were also very specific about how Pienaar assaulted the accused.
I sincerely hope Pienaar's legal beagles are on top of this. Surely they should be able to use testimony and information from this bail hearing to refute any evidence that the state brought to the table on the day of Pienaar's bail hearing.

Thanks for the info @Fulcrum29
 

Fulcrum29

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I sincerely hope Pienaar's legal beagles are on top of this. Surely they should be able to use testimony and information from this bail hearing to refute any evidence that the state brought to the table on the day of Pienaar's bail hearing.

Thanks for the info @Fulcrum29

Just remember that the specifics may be different. They would not necessarily scrutinise the actions of Pienaar, but that of the mob.

There are small details, like the lighting of a piece of paper isn't an act of arson, it was a threat. If no injury is recalled, it would surely mean that the accused wasn't harmed in the act. For me it is not about Pienaar as an individual, but more of how the events of Senekal 1 was conveyed to the public.
 

Mista_Mobsta

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The truth will come out eventually I am sure. I continually get the feeling the state had a moment of utter weakness in their attempt to make an example out of Pienaar. The law shouldn't be about making examples, it should be about making fair and lawful decisions and deal out justice in an unbiased manner.
 

Fulcrum29

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The media is odd, this is how The Citizen reported, through opinion column, on Senekal 2.


Futile standoff in Senekal
The standoff between Afrikaner farmers (under the auspices of AfriForum) and the EFF in the Free State town of Senekal had all the hallmarks of the 1994 Bophuthatswana standoff.


Kallie Kriel and co. wasn't even involved in that disturbance, the columnist had to use the word 'auspices'. The media are trying hard to devalue the minority rights movement. The columnist should have watched the video and the news report and would have noted that it was the EFF which marched towards this 'designated' gathering point. Then people want to know why unity is in trouble, it is simply how the perception is marketed.

The IOL, a good article, but with a questionable remark,


Senekal community has mixed feelings about bail for suspect Sekola Piet Matlaletsa

Sekwetje Isaiah Mahlamba (32) and Matlaletsa (44) had this week appeared for a bail hearing at the Senekal Magistrate’s Court in the Free State town that was last week a scene of confrontation between members of the EFF, farmers and some right-wing Afrikaner organisations armed with guns.

Which right-wing organisations, the Kommandokorps and Boerelegioen? The media should know that a private security company assisted with the policing on that day which actually came in between the two protester groups when the EFF started to pelt their opposition with bottles and rocks. It is all caught on video.

We all know how the eNCA reported on how the farmers brandished their firearms.

To quote the rest, which is a good read,

According to the president of the World Agricultural Organisation (WAO) Dr Theo de Jager, there was a great expectation that there would be no bail granted to the accused especially given the drama with 52-year-old Andre Pienaar who is facing charges of inciting a mob and damage to property after farmers went on the rampage in Senekal.

“There are four things at play here. The application of that Pienaar guy, the judge referred to the farmers and he is not a farmer. None of those guys were farmers. The farmers say ‘don’t brand us’ and the judge should have made sure of his facts,” he said adding that this is not a farmers’ thing.

“But the general feeling among the farmers is that there should be equality before the law. It is extremely important that though we dispute everything else, everybody else must be able to trust the integrity of the law,” he said.

De Jager also stressed that farmers are calling for the courts to make sure that when they grant bail, they do not perpetuate the threat in rural safety.

He said an atmosphere of unity has been forged between the rest of the farmers across South Africa in the light of the Senekal incidents.

“It was the bail applications that brought farmers together than ever before. I have been involved in organised agriculture for 20 years now and never before have I seen the legitimate voice of black farmers such as the African Farmers’ Association of South Africa (Afasa), coming to a place like Senekal and addressing a crowd of predominantly white farmers, promoting the taking care of each other and not allowing us as farmers to be polarised as the farming community,” he said. “I really went away from Senekal quite excited about the voice of black farmers that came through and the unity that has been forged. This crisis has forged a new unity,” he said.

The secretary-general of Afasa Nakana Masoka, who has been a farmer for 24 years, confirmed that there is now a solidification of unity among farmers.

“Our going to Senekel when everyone was mobilising was to say we sympathise with the Horner family as farmers and we would like the death of Horner to be seen as a death of a farmer and not a white farmer because the attacks on farmers are not race based.

“The theft of livestock on farms is not race based, so firstly we need not racialise this man’s death. A crime has been committed and it is a crime against a farmer.

“We need not to politicise the plight of farmers. The fact that farmers, both black and white, are being attacked and killed is not meant to score cheap political points. For us it is a very serious matter, a life and death matter to us and our families.”

Masoka was also recently a victim of stock theft when 17 of his cattle were stolen in Kroonstad, Free State, alongside numerous other attacks on black farmers that he believes are not getting the same amount of publicity.

“In the beginning of this year, a black woman farmer was attacked in the southern parts of Bloemfontein, in the Thabo Mofutsanyana District, Mr Motaung was killed this year and in the Free State, there are four cases that are in the court.

“Two black farmers and two white farmers were attacked. So that is where we are failing, where we fail to identify all attacks as equally important and give an impression that only white farmers are being attacked.

“If the police do not not hold hands with farmer organisations to improve security in the rural areas, we are opening up for these vigilante groups to formulate and consolidate themselves,” he said.

De Jager is correct in regard to the judge, and I do think that there is prejudice at play. For further reading, every farmer is influenced.
 
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