Court hears Fadiel Adams' bail plea: 'I am not a flight risk

Fadiel Adams, leader of the National Coloured Congress (NCC) and Member of Parliament, appeared in the Pinetown Magistrate’s Court on Wednesday, saying he is not a violent person and that the charges against him are unrelated to violence.

Adams faces five charges, including three counts of fraud and two counts of defeating the ends of justice, all of which he denies. 

The charges relate to alleged interference in the case of murdered ANC councillor Sindiso Magaqa.

In reading Adams’ affidavit for bail, his defense, Advocate Yuri Gangai, said he pleads not guilty to the charges of defeating the ends of justice and fraud. 

“I deny each and every allegation made against me in the strongest possible terms and plead not guilty to all five counts. Without derogating from the generality of this denial, I record the following in brief: As a Member of Parliament serving on the Portfolio Committee on Police oversight, my engagement with matters of a policing and correctional services nature falls squarely within the purview of my parliamentary functions. The visits to Westville Correctional Centre were conducted in this context. I did not misinterpret my identity or my status - I attended in my capacity as a Member of Parliament and was received as such,” Adams said. 

He said the State’s allegation that he was “not officially mandated by Parliament” to conduct these visits fundamentally mischaracterises the nature and scope of parliamentary oversight functions. 

“Members of parliament are not required to obtain a specific mandate for each and every engagement conducted in pursuance of their oversight responsibilities. The suggestion to the contrary reflects a misunderstanding of the constitutional and legislative framework governing parliamentary conduct,” Adams said. 

“The charges of fraud are denied. No false representation was made with the intention to defraud, and no person suffered any prejudice as a result of my conduct. The elements of the offence of fraud are not satisfied on any version of the facts.” 

Adams said he denies any intention to interfere with witnesses or tamper with evidence. He is fully cognisant of the consequences of breaching bail conditions. 

“There is no evidence, whether direct or circumstantial, that my release on bail will undermine or jeopardise the proper functioning of the criminal justice system,” Adams said. 

“... I submit that the manner in which my arrest was conducted - including failure to comply with the High Court order of Justice Njokweni, the clandestine approach adopted by the PKTT (Political Killings Task Team), the use of my former address on the warrant documentation, and the treatment of Mrs Brown’s family - raises serious questions about the conduct of the investigating officer and the integrity of the process itself,” Adams said. 

He said the prejudice he will suffer if bail is denied is substantial, multidimensional and, in several respects, irreversible. 

Adams said he does not pose a danger to the public or any individual; he is not a flight risk; there is no likelihood that he will interfere with witnesses or tamper with evidence; his release will not undermine the criminal justice system or disturb public order; he has and will continue to co-operate with the criminal justice process; and that the interests of justice unambiguously favour his release on bail subject to appropriate conditions. 

He said he prays the court will grant the following relief: “That I be released on bail in the amount of R20,000, which sum is available and ready to be deposited with the court." 

The matter is set to continue Friday.