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Scenes outside Senekal’s court during a protest.
- The man charged with inciting riots at Senekal Magistrates Court on Tuesday is a convicted criminal.
- In 2011, he was convicted of robbery, a charge to which he pleaded guilty.
- He was sentenced to three years in prison with full suspension.
The 51-year-old, who was arrested after riots at Senekal Magistrates Court on Tuesday, has a prior conviction, the court heard during his bail request on Friday.
The defendant made his first appearance on Friday in the same court that is accused, among others, of malicious damage to property.
He cannot be appointed until the result of his bail request following a request to court by his defense team due to the sensitivity of the case.
The defendant, who is not a farmer but owner of a construction business in Senekal, requested bail.
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In his affidavit in court, read out by his defense attorney, the defendant said that he was convicted of robbery in 2011 and sentenced to three years in prison with full suspension, on the condition that he return the money to the victim.
He pleaded guilty in that matter.
In this matter, however, the defendant told the court that he intends to plead not guilty to all charges.
Charges
According to the provisional indictment sheet, the defendant has been charged with malicious damage to property, public violence, attempted homicide, and violation of the Law for the Protection of Constitutional Democracy against Terrorism and Related Activities.
Farmer Jess de Klerk told News24 that the meeting was to tell the world how angry and disappointed they were after Horner’s murder.
The state maintained that the defendants attended a farmers’ meeting on Tuesday, prior to the appearance in court of the two men accused of murdering the farm manager Brendin Horner, 21.
At the meeting, he allegedly incited the crowd to search the court’s holding cells for the suspects.
READ | Bheki Cele Says Farm Attacks Are A Priority For Police
Chaos broke out when a small group of people broke into the court building. A police vehicle was overturned and allegedly set on fire during the altercation.
The attempted murder charge stems from allegations that the defendant attempted to set fire to the holding cells and from two shots that were allegedly discharged in court.
Shots
The investigating officer, Brigadier Tshokolo Posholi, who was questioned during the request for bail, admitted that they did not know who fired the shots.
It was also alleged that a relative of the defendant fetched gasoline from a nearby garage, which is believed to have been used to set fire to the police bakkie.
HOW IT WAS DEPLOYED | Assassination of Brendin Horner: a chronology of violence, protests and shootings
Furthermore, it appears in the court file that the accused allegedly assaulted a police officer as the group entered the court building. Furthermore, that he and others later allegedly assaulted Sekwetje Mahlamba and Sekola Matlaletsa, the two defendants in the Horner murder case.
Posholi said the defendant attacked the two men with a flat iron bar, which he also used to enter the holding cells.
Destroyed police vehicle in Senekal.
The state said the two defendants in the Horner affair suffered injuries and were subsequently taken to hospital for treatment.
However, according to the defense, they have two witnesses who were also in the detention cells, who would declare that the accused was not part of the action.
Regarding the charge of terrorism, the State said that it still needed the National Director of the Public Ministry to officially authorize the charge as legally required, and documentation had already been submitted in this regard.
Defending
The defendant said that he had complied with all aspects to be granted bail, adding that there is no evidence that he has a disposition to violence.
He also said that, at the time of the alleged crimes, he was frustrated by the spate of murders on farms in the country, but harbored no ill intentions towards anyone.
He also told the court that he was diagnosed with bipolar disorder and that he must take medication for the condition.
READ | Senekal: the calm after the storm
Through his affidavit, the defendant also said that he was not the leader of any organization, party or group, and that when he addressed the crowd it was an impromptu decision.
The defense argued that the State does not have evidence to implicate it in the crimes charged against it and, therefore, it was a weak case.
Common purpose
The state, however, argued that the doctrine of common purpose came into play in this matter and that, essentially, he was the leader of the “mob,” as Posholi put it.
The State said:
“It was clear that he was prompting people to join him and he wanted action.”
Posholi claimed that they have multiple witness statements implicating the defendants.
The matter was postponed until October 13 for a sentence to be issued on bail.
