Yesu's legal troubles deepen: 14 new charges including kidnapping
Image: Armand Hough / Independent Newspapers
The State has added a host of new criminal charges against the man known as Yesu, bringing the total to 18.
But on Thursday, the Athlone Magistrates' Court heard that the accused, Vuyolwethu Tshukela, could not be brought to court, and his exact whereabouts were temporarily unknown.
Tshukela, arrested last month in Welkom in the Free State after months on the run, initially faced four charges. These included murder, attempted murder, and extortion.
However, the State revealed on Thursday that after consulting with a senior advocate, 14 more charges were added.
Among them are kidnapping, robbery, assault, intimidation, malicious injury to property, arson, and a second count of attempted murder, this time allegedly involving a security officer.
The State prosecutor told the court: 'Your Worship, the charge sheet at first appearance only reflected four charges. That has now changed to 14 additional charges being added after consultation with the State advocate.'
Before proceedings began, court orderlies informed the State that Tshukela had not been brought to court.
A police officer explained that when he went to Pollsmoor Correctional Facility in the morning, Tshukela was not there and had been moved the week before to another facility, due to safety concerns, but no one seemed to know which.
'The accused is not before the court, Your Worship. He wasn't brought from Pollsmoor this morning,' the prosecutor said.
The State confirmed that arrangements had since been made with Pollsmoor officials to ensure the accused is present at his next scheduled appearance.
The prosecutor added: 'Due to the higher risk posed by the accused, he is not kept at Pollsmoor. However, after speaking to the chief at Pollsmoor, arrangements have been made for him to be brought to court next time.'
The court heard that Tshukela's legal representative had been consulted on Thursday morning and indicated that the accused would be abandoning his bail application.
However, this could not be confirmed due to his absence.
Magistrate Keith Le Keur expressed concern about Tshukela not being in court, highlighting the procedural importance of the accused being present.
'But the only reason he is not here must be in terms of Section 159(3)(c) of the Criminal Procedure Act, for example, if he were in hospital. There must be a medical certificate,' said Le Keur.
'Pollsmoor cannot simply decide to keep him there arbitrarily. Under normal circumstances, I would have postponed it to the next day to have him here and then roll the matter in his presence. The proceedings must happen in the presence of the accused.'
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