Activist slams ‘unfortunate and unfair’ treatment of murder-accused AGU cops

Emotions ran high outside the Western Cape High Court on Friday as the bail appeal of the 11 Anti-Gang Unit (AGU) officers accused of murdering an alleged gangster were released on bail.

The officers, who had spent nearly 50 days behind bars, challenged the earlier decision that kept them behind bars while the investigation continued.

The accused face a string of serious charges, including kidnapping, torture, assault with the intent to cause grievous bodily harm, attempting to defeat the administration of justice and the murder of alleged Clever Kidz (CK) gangster Wade Price.

Price died on December 4, last year following an interrogation linked to a shooting incident outside the Athlone Magistrate’s Court the previous day.

All the accused have denied the allegations against them. In their bail applications, they said they were shocked to learn that the State was opposing their release, especially after the Independent Police Investigative Directorate (Ipid) had indicated that they could be released on bail of R1 000.

However, during their bail applications only accused No.9 was granted bail of R1 000 due to health challenges.

Attorney Bruce Hendricks and his legal eagle team representing all accused argued that there was no reason why bail should not be granted and that the lower court magistrate misdirected himself.

Hendricks said: “There is no evidence, none before the court whatsoever that a kidnapping, murder and torture took place. That is all the mere say so of the investigating officer.”

After arguments were heard, judgment was initially reserved. However, moments later, news filtered through that the accused had scored a major legal victory, with the High Court overturning the earlier bail ruling.

The High Court ordered that the remaining officers still in prison be released on bail of R2 000 each, subject to strict conditions.

Court documents read: “The [accused] may not interfere and/or contact, directly or indirectly, with any State witnesses in the case. The [accused] may not enter Manenberg in their personal and/or official capacities until conclusion of the case.

“The [accused] shall inform the investigating officer of any change of residential address.”

Scenes of relief and celebration unfolded later as family members fetched the accused from Brandvlei Correctional Facility and Worcester Prison following the order.

A community activist, who asked not to be named, said that they were very happy with the outcome of the appeal.

She said: “I went to Rawsonville to go and collect them. The whole crowd at the High Court  jumped into our cars and the defence team escorted us to collect them.

“It was unfortunate and unfair towards these AGU officers, because it’s like their own boss that locked them up.”

Meanwhile, National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said the investigation remains incomplete, with crucial evidence such as DNA results, crime scene reports and the post-mortem still outstanding.

The case was postponed to March 5 for further investigation.

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