Witness recants, undermining State's case against Bulelani Yosana in murder trial
Image: File
Accused killer, Bulelani Yosana's bail appeal again failed in the Western Cape High Court this week, where he argued that the State's case against him has considerably weakened after a Section 204 witness recanted on their statement.
Yosana is currently awaiting trial alongside accused hitman James Easton for the contract murder of Bloekombos teacher and ANC activist Vuyo Dana. A trial date is yet to be set for the matter.
After a previous unsuccessful attempt, Yosana, a former police officer and ANC branch secretary, filed a new bail bid appeal with the High Court, citing the recanted statement, that a trial date remains unset, and that his bank account is about to be closed for non-compliance with the Financial Intelligence Centre Act.
Dana was shot and killed at his home in February 2022 while on his way to work at Bloekombos Senior Secondary School, in Kraaifontein, in what has been alleged to be a politically motivated killing.
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Yosana brought the second bail application on the basis that new facts have arisen since the initial bail court (Regional Court) refused to admit him on bail, pending the finalisation of his trial.
Yosana and Easton face a variety of offences arising out of the murder which occurred on February 22, 2022. The offences include a contravention of Section 18 of the Riotous Assemblies Act, conspiracy to murder, and murder.
Through his attorney, Yosana submitted that following the bail application, hearing, and the appeal, they discovered a statement in which the Section 204 witness recanted what he stated in his Section 204 affidavit.
According to Yosana's lawyer, there are no eyewitness accounts that place Yosana on the scene, and he claims that due to the recanting statement, there is insufficient evidence.
'According to Mr Booth (Yosana's attorney), this recanting statement was never discovered by the State, and as such, it alters the overall picture of the State's case.
'In this (newly) discovered statement, the Section 204 witness is recanting what he initially told the police about the involvement of the applicant (Yosana) in the commission of the offences the applicant is arraigned on. Booth advanced the argument that the State case is based primarily on the evidence of the Section 204 witness.
'Booth's argument postulates that if the Section 204 witness has recanted his original police affidavit, wherein he originally implicated the applicant in the crimes, the necessary corollary is that the State's case has since been considerably weakened. According to the applicant, this discovery presents an insurmountable hurdle for the State,' the court record read.
The State did not dispute that the Section 204 witness has since recanted his first key pre-trial statement.
'According to the State's heads of argument, the Section 204 witness filed a recanting statement after the residence of the witness was visited by the applicant and after the applicant's arrest. To this end, the State specifical contends that the recanting statement is a product of interference with a State witness,' the judgment further read.
High Court judge Constance Nziweni, said: 'There is no doubt that the existence of a recanting statement presents considerable odds in the prosecution's case. Undoubtedly, the strength of the State's case is now called into question. It is appropriate at this stage to say something about the presumption of innocence.
'It should be observed that, according to the Constitution's principles, the bail court is deeply concerned with the right of a person who is presumed to be innocent, whose right to liberty is at stake. However, despite the right to be presumed innocent, there are instances where an accused person has to be detained pending the trial.'
Judge Nziweni said that Yosana did not satisfy the court with reasons to be released on bail.
'In view of the foregoing, this court is of the firm opinion that in this matter, it cannot be said that there is no longer a 'just cause' behind the accused's detention. Though the prolonged detention of the applicant is regrettable, it cannot be said that the delay is unreasonable, as such, it amounts to a new fact that warrants his release,' said Judge Nziweni.
chevon.booysen@inl.co.za
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