Cape Town - The alleged leader of the Terrible Josters gang appeared in the Western Cape High Court where he and three of his co-accused brought an application for bail.
Bradley Roberts, Nizaam Dreyer, Elton Lenting and Mustaqeem Titus sought to be released from custody on the basis of new facts that have emerged since their trial started.
They are four out of 20 accused who are in the midst of trial proceedings and have been charged under the Prevention of Organised Crime Act with more than 140 counts for their alleged involvement in criminal gang activity between March 2002 and January 2017.
It was argued before Acting Judge Nonthuthuzelo Ralarala that new facts arising from trial proceedings contributed to the existence of exceptional circumstances permitting the release of Dreyer, Lenting and Titus – who have already been denied bail in a lower court – while for Roberts, this was his first time applying for bail.
Their lawyers indicated that numerous delays have persisted throughout the lengthy trial process which only started in 2020, two years after they were arrested, and could be seen as a new fact.
It was further argued that prison conditions have contributed to health issues faced by the accused, which include severe asthma and tuberculosis. Lenting, Roberts and Dreyer’s lawyers also asked the court to take judicial notice of these conditions.
Submissions made on behalf of Lenting indicated that he has been sitting with the constant fear that his health may deteriorate, and whether he would survive incarceration.
Roberts brought bail applications in March and November last year, but these didn’t proceed due his state of intoxication at the time, and the availability of the presiding officer. The court was further asked to consider that Roberts lost two family members who were shot and killed while he was in custody.
Roberts’ lawyer further said that there was no fear that he would interfere with witnesses because investigations have been concluded and that he had never before been convicted of violent offences.
Submissions on behalf of Titus indicated that his safety may be jeopardised while incarcerated and, “if there is a lapse in that safety measures, it might be a death sentence”.
Their trial is set to continue in court on August 2. Meanwhile, judgment was reserved.