The Nelspruit Magistrates Court has heard there’s strong evidence placing murder accused Lungelo Sithole at the crime scene.
The 19-year-old is applying for bail in the same court. On Monday, 16 February, state prosecutor Nomfundo Mavuso told the court that Sithole’s reasons for bail are not exceptional, but just ordinary circumstances.
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Sithole has asked the court to release him so he can continue his studies and secure his future. His lawyer, Pat Sikatane, told the court that the accused is young and wants to follow his dreams.
He told the court that Sithole had already started applying to tertiary institutions before he was arrested.
“Considering his age, you would ask what he must bring to show that this is exceptional. If the accused person continues to be detained and at the end of the trial he is found not guilty, it will be a prejudice to him,” Sikatane said.
He added that the court must set bail conditions to make sure Sithole comes back for trial.
He also said his release would not cause any trouble in the community because the accused will move to a different address.
But Mavuso argued that the applicant did not provide exceptional reasons.
She said releasing the accused would shock the community and damage the public’s trust in the justice system.
She further warned that Sithole’s own safety could be at risk if he is let out.
“According to the Investigating Officer, the applicant remained inside the house and did not withdraw, shout or seek help.
“Moreover, the scene was full of blood and water and the applicant was found soaking wet with water.”
“These objective facts exist beyond mere presence. That is not the conduct of an innocent person. There is prima facie evidence that places him at the scene,” she said.
The victim was allegedly found naked with multiple wounds. The court heard that the injuries showed a long and violent assault rather than just a single blow.
Mavuso described the crime as extremely serious, saying the justice system must show how serious violence against women is.
She added that the court heard that one of the witnesses has already received threats, raising worries about intimidation.
“The risk to witnesses is real. Bail conditions would not adequately neutralise the danger,” said Mavuso.
She maintained that the state has a strong case against the accused, including common purpose involvement. She urged the court to keep him in custody until the case is finished.
Sithole and Katlego Mokoena were arrested in November last year following the brutal murder of Lusanda Mathabela.
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The teenage girl was killed at her home in Mataffin, allegedly by the accused. It is claimed she was attacked and stabbed multiple times at her house.
The matter was postponed to Friday, 20 February, for the bail judgment.
