3 days ago
12 SANDF members in Hawks murder case claim state evidence is weak
The 12 South African National Defence Force (SANDF) members arrested in connection with the murder of Hawks officer Lt-Col Frans Mathipa are adamant that the prospects of being acquitted are high.
They appeared in the Randburg magistrate's court on Tuesday for a bail application. The two defence lawyers read their affidavits regarding their personal circumstances and their involvement in the case.
Most of them stated that they did not believe the state had a solid case against them and that the prospects of a successful prosecution were 'very slim'.
Some of them stated that they were about to carry out a sensitive operation before they were arrested.
They are facing three counts of murder. They also face counts of kidnapping, fraud, obstructing the administration of justice, making false statements under oath and theft of a motor vehicle.
The court ordered that their photographs and names should not be published due to a security risk and an outstanding identity parade, which was yet to be conducted.
The charges stem from the alleged kidnapping of Abdella Hussain Abadiga and Kadir Jemal Abotese at the Mall of Africa on December 29 2022.
Their whereabouts remain unknown. The accused are charged with the murders of Abadiga and Abotese.
Soldiers argued in their affidavits that during the day of the incident, they were conducting a military exercise when the offences of kidnapping and murder were committed.
One of the soldiers was arrested at OR Tambo International Airport. The court heard the member was arrested during his arrival from training.
'I have no knowledge of the alleged deceased. The warrant of arrest didn't contain a charge of murder,' testified one of the soldiers in an affidavit read in court. 'Merits of the matter will be determined later during the trial, should it be held. I submit that the state case is not solid against me ... I opted to play the open cards.
'I have no knowledge of those counts. The charges referred to under these counts are brought with an ulterior motive,' testified another in an affidavit read in court, referring to some of the counts he was facing.
According to the charge sheet, Mathipa, who was tasked with investigating the kidnapping and murders of Abadiga and Abotese, and investigating the involvement of the SANDF members, was killed near the N1 highway in Hammanskraal.
National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said the matter was postponed until Thursday to allow the investigating officer to verify some of the addresses that were presented by the accused on their bail applications.
' We will be guided by the investigation process. For now, we would not be in a position to comment much about what will unfold in the case, as investigations are ongoing but safe to say that this prosecution forms part of our broader mandate to deal decisively with organised crime, and also by ensuring that the perpetrators of such crimes are brought to book.
'They come and face justice, as has been the case in this case that is before the court. All accused are subjected to a judicial process, one that will become transparent so that all of society can have their questions answered,' she said.
She said the state was yet to present the evidence of the investigating officer by way of an affidavit that will be presented in court.
TimesLIVE
