11 accused remain in custody in KZN mosque attack, bomb scares case
16 October 2018
The State has provisionally withdrawn charges against seven of the 19 men accused of a fatal attack at a KwaZulu-Natal Shia mosque and the placement of several explosive devices at Durban shopping centres.
The court heard that the men who were released were not pointed out during an identification parade, however, they are still subject to a DNA test, the court ruled.
Prosecutor Adele Barnard said the State would approach the men about possibly becoming State witnesses.
Magistrate Irfaan Khalil asked the seven men to provide their contact details to the State because "it was a provisional withdrawal".
Khalil had earlier released Goolam Mohammed Rashid Haffejee on R100 000 bail.
Barnard said the State was not opposed to his bail because he was also not pointed out by any witnesses during the identification parade.
No previous conviction or pending charges
An affidavit before court by the investigating officer also stated that there were still various investigations that still had to be considered in the matter, according to Barnard.
The court heard that Haffejee had no previous conviction or pending charges and was not a flight risk.
Joe Wolmarans, the accused's attorney, instructed by Shaukat Karim, said Haffejee earned R20 000 and he would be able to pay the set bail amount of R100 000.
Wolmarans said the accused had raised the money from extended family and friends.
The court heard the accused was a licensed firearm owner. Two licensed firearms belonging to him were seized during his arrest. He was arrested at his home and was a sole breadwinner in his family.
He would deny all the charges against him, Wolmarans said.
Charges related to 11 cases
Khalil said he was satisfied with the arguments for Haffejee's bail.
The remaining 11 accused face 14 charges including murder, attempted murder, arson, extortion and the violation of Pocdatara (The Protection of Constitutional Democracy Against Terrorist and Related Activities Act).
The media was allowed in court late on Monday. Members of the media had previously been barred from attending court, naming the accused and revealing their nationalities.
Last week Hawks spokesperson Brigadier Hangwani Mulaudzi said the charges related to 11 cases.
Khalil adjourned the matter to October 22 – 23 for continuation of bail application by the remaining accused.
The accused will remain in custody at Westville prison, he said.
