Three men who initially decided to abandon their right to apply for bail in the Grahamstown Magistrate's Court earlier this week in connection with the gruesome murder of a 29-year-old Grahamstown man have changed their minds.
Three men who initially decided to abandon their right to apply for bail in the Grahamstown Magistrate's Court earlier this week in connection with the gruesome murder of a 29-year-old Grahamstown man have changed their minds.
Despite this sudden turnabout by the three men they will have to spend the rest of the week in custody before they can apply for bail.
Rhodes University student Thembani Onceya was the only one of the five accused who initially opted to apply for bail. However, his private attorney Basil Williams asked for a postponement until Monday, 24 October to allow the defence enough time to gather enough evidence to present during Onceya's bail application.
Williams said the defence would be in a better position to move forward with the bail application once that information had been gathered.
In a surprising twist Akhona Onceya, Simamkele Onceya and Mzwanele Mali, who had initially waived their right to apply for bail, changed their tune in court today, saying they would like to apply for bail.
Meanwhile attorney Mathews Mpahlwa asked the court to issue an order to send his client Siviwe Gqotholo to the medical wing of the Waainek prison while awaiting the bail hearing.
Mpahlwa had on Monday asked the court to refer Gqotholo to the district surgeon for a pre-assessment of his mental state.
Today in court Mpahlwa said the district surgeon had found that his client is bipolar.
In an application presented by Mpahlwa to the court on 17 October the defence stated that Gqotholo is not capable of understanding the proceedings so as to make a proper defence, adding that there is prima facie evidence that he suffers from mental illness.
The case was postponed to Monday, 24 October for a formal bail application.
anele@grocotts.co.za
