Durban — The State was confident that it would secure a guilty verdict against the Mariannhill sergeant charged with murder and defeating the ends of justice.
This was what State prosecutor B Mncwango told the court in her closing arguments in the officer’s bail application at the Pinetown Magistrate’s Court.
Sergeant Ayanda Doctor Ntombela allegedly took in Sihle Mtshare for questioning on August 21, 2022, and he disappeared thereafter. His body was found in Camperdown 18 days after he was taken.
“The State has an evidentially strong case against the accused. Right now it is not about his guilt or innocence, at this stage we are here to determine whether he is a suitable candidate for bail. The State has no doubt that a guilty verdict will return on this matter,” she said.
Mncwango highlighted that the onus was on Ntombela to prove that exceptional circumstances existed permitting his release on bail, adding that there had been nothing exceptional about the personal circumstances that he had presented to the court.
“His personal circumstances, that he had two wives and a number of children, how are these different from any normal bail application? He has no fixed assets, his house belongs to his parents, and his car has an outstanding balance so it still belongs to the bank, the five cows he has could die or get stolen at any time. He is no longer gainfully employed as he is in the process of exiting the force. Out of these personal circumstances nothing is exceptional, peculiar or different,” Mncwango said.
She told the court that public peace and order would be disturbed should Ntombela be granted bail, given the picket outside the court on Wednesday and last week. She added that even the investigating officer in his evidence pointed this out.
She said Ntombela was a seasoned officer with 20 years’ experience, and if the court granted him bail it would cause a sense of shock in the community and would tarnish the people’s confidence in the justice system.
“I ask the court to consider the fact that there is still evidence and suspects outstanding, and judging by the applicant’s status and his former position we have no reason to doubt that if granted bail he would attempt to interfere with witnesses or conceal evidence –he has already done that.
“If he failed to control himself under the SAPS body, who is to say what more he is capable of if set free outside?”
Ntombela’s lawyer, Advocate Musawenkosi Mkhize from B & M Attorneys, argued that there was no chance that Ntombela would have access to exhibits if there were any.
“He’s not going back to work.”
He implored the court to look at how the State had conducted itself, accusing it of ensuring that things were difficult for Ntombela.
Mkhize was referring to Ntombela only being charged with murder on the morning of his bail application last week.
“I submit that from September 8, when the accused was arrested, the State had not decided to add the murder charge until weeks later.”
When it came to Ntombela’s exceptional circumstances, Mkhize submitted that even ordinary factors in certain cases may qualify as exceptional circumstances.
He also argued that at the time Ntombela was on the stand telling the court of his personal circumstances, these were not challenged in cross-examination by the State and therefore the court should accept these.
The ruling in the matter is expected next week.
Daily News