Jub Jub bail decision made
Published: 2013 November 29 06:39:25 (12598 Views)
Molemo "Jub Jub" Maarohanye's dreams of spending Christmas at home have been shattered.
His bid to be released on bail pending his appeal was dismissed at the South Gauteng High Court yesterday.
Jub Jub's lawyer Willie Vermeulen had filed an urgent bail application on Tuesday, but Judge Natvarlal Ranchod dismissed it yesterday.
"Murder is a serious case," said Ranchod in passing judgment.
"The State has established that the accused was racing in a public road and established the use of drugs."
He said negligence was also established. He said bail pending appeal should fail unless the Supreme Court of Appeal is satisfied that the lower court failed in its duty or made a mistake.
He said the fact that Jub Jub was granted leave to appeal didn't constitut exceptional circumstances.
"The reasonable prospect for success for the appeal doesn't constitute exceptional circumstances," said Ranchod.
"There's a probability that he is going to be convicted on culpable homicide and will still serve a prison sentence of up to five years."
He agreed with the argument of the State that Jub Jub was a flight risk.
He said prosecutor Raymond Mathenjwa had said during the trial that the accused asked the investigating officer that he be given his passport because he wanted to travel to Mozambique, Botswana, Swaziland and Nigeria.
NPA spokesman in Gauteng Phindi Louw said they were not surprised by the judgment.
"We were expecting it and we're pleased with it," she said.
Jub Jub was convicted on four counts of murder and two charges of attempted murder in December last year.
He and his co-accused Themba Tshabalala were sentenced to 25 years in jail.
Source - Dailysun
His bid to be released on bail pending his appeal was dismissed at the South Gauteng High Court yesterday.
Jub Jub's lawyer Willie Vermeulen had filed an urgent bail application on Tuesday, but Judge Natvarlal Ranchod dismissed it yesterday.
"Murder is a serious case," said Ranchod in passing judgment.
"The State has established that the accused was racing in a public road and established the use of drugs."
He said negligence was also established. He said bail pending appeal should fail unless the Supreme Court of Appeal is satisfied that the lower court failed in its duty or made a mistake.
He said the fact that Jub Jub was granted leave to appeal didn't constitut exceptional circumstances.
"The reasonable prospect for success for the appeal doesn't constitute exceptional circumstances," said Ranchod.
"There's a probability that he is going to be convicted on culpable homicide and will still serve a prison sentence of up to five years."
He agreed with the argument of the State that Jub Jub was a flight risk.
He said prosecutor Raymond Mathenjwa had said during the trial that the accused asked the investigating officer that he be given his passport because he wanted to travel to Mozambique, Botswana, Swaziland and Nigeria.
NPA spokesman in Gauteng Phindi Louw said they were not surprised by the judgment.
"We were expecting it and we're pleased with it," she said.
Jub Jub was convicted on four counts of murder and two charges of attempted murder in December last year.
He and his co-accused Themba Tshabalala were sentenced to 25 years in jail.
Source - Dailysun
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