Is the High Court high on drugs, or what?
Our honourable judges can’t seem to decide whether to have people locked up or not – which is kind of a core function of their job.
This week the Daily Voice reported that suspected gang boss Moegamat Faeez “Faizy” Hendricks got an instant get-out-of-jail-free card.
After spending just two years in the mang for the murder of a Hard Livings skollie, Hendricks’ guilty conviction and life sentence were overturned.
Hendricks’ fellow Clever Kidz gangster Naeem Benjamin – allegedly of course – had his 20-year sentence rescinded.
Two tronkvoels, free as birds, just like that.
On appeal, a full bench had found that the state had failed to prove the two were guilty.
Judge Tandaswa Ndita had also got it horribly wrong.
Just how wrong? Well, it’s quite simple. They couldn’t place the accused at the scene of the crime.
They somehow overlooked the fact that Hendricks had been wearing a GPS tracker – he had been out on parole for another conviction at the time.
And the ankle bracelet showed that he had not been in the vicinity of the shooting.
Eish. Sounds like Criminal Law 101, doesn’t it?
The judgement said: “Failing to make the necessary effort by calling all possible witnesses and thereby ensuring a proper conviction is not only prejudicial to an accused, but also negatively affects the confidence that the public in general and the community should have in our justice system.”
Days later, the court had egg on its face again.
This time, Judge President Yahya Hlophe ruled that Anti-Gang Unit cop, Ashley Tabisher, finally be released on R5000 bail.
The sergeant, who is accused of accepting a R10 000 bribe and being an informant for controversial businessman Nafiz Modack, has been behind bars for over 200 days.
Modack is on trial for the murder of AGU commander Charl Kinnear.
Anyway, hours later, as he was about to walk out the gate at Goodwood Prison, the Hawks swooped and blocked Tabisher’s release.
They informed his lawyer that the state had opposed this release and Judge Hlophe had rescinded his own order.
The National Prosecuting Authority said the release was “highly questionable”.
Yes, it does indeed sound like someone was “high” again.
What kind of Mickey Mouse operation is this?
Aside from this confusing sequence of events, Tabisher’s lawyer Bruce Hendricks raises a good point.
He notes that the courts are applying double standards when it comes to Team Modack and Team (Mark) Lifman –two dik dinge in the Cape Town underworld.
Another AGU cop, Sergeant Wayne Henderson, stands accused of taking a R100 000 bribe and defeating the ends of justice relating to Lifman’s murder case – that of “Steroid King” Brian Wainstein.
Yet Henderson was granted bail – in the Cape Town Magistrates’ Court.
Now, without taking sides, it’s clear to see that these okes are not getting the same treatment.
Two cops, both linked to the underworld, both accused of bribery – R10 000 and R100 000 – but only the one (who allegedly pocketed R100k) is granted bail?
Again, someone in chambers must be dik gerook.
For any kind of fairness and credibility to prevail, either you set both free, or you lock both up.