KFC assault accused appeals bail ruling
6 September 2017
Pretoria - One of the three men accused of assaulting a couple at a KFC drive-through in Montana, Pretoria, has filed an appeal for bail in the North Gauteng High Court in Pretoria, after his application was refused last week.
News24 can reveal that an appeal was lodged on Friday, September 1, for DJ van Rooyen, 21, who is one of the five men charged with attempted murder, assault with the intent to cause grievous bodily harm, and pointing a firearm.
Last week, in the Pretoria North Magistrate's Court, Magistrate Mothloki Rapulana denied bail for Van Rooyen, Stephan Nel, 39, and Joshua Schultz, 21.
Rapulana said the accused had failed to prove it was in the interests of justice to release them on bail. In refusing their application, she said that there was a likelihood that‚ if released‚ the accused may interfere with and intimidate witnesses.
She added that there would be a public outcry if they were released.
Ockert Muller, 20, was released on bail in August, while Marius Harding abandoned his bid for bail.
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News24 previously reported that Harding was arrested in 2014 on charges of assault and crimen injuria for allegedly assaulting three petrol pump attendants, and using racial slurs at a garage in Petrus Steyn, Free State.
The court heard that Harding was currently in KwaZulu-Natal, answering to a charge of theft.
The five men allegedly assaulted the complainants during the early hours of August 3 at a KFC drive-through. Parts of the alleged attack were filmed and subsequently went viral on social media.
In the notice of appeal, Van Rooyen's attorney Lizl van Jaarsveldt said Rapulana had erred in finding that the State had succeeded in rebutting the evidence presented on behalf of Van Rooyen.
"The learned Magistrate had failed to properly, diligently and objectively, alternatively at all, consider all of the evidence produced holistically, and, in addition, had clearly approached the evidence in a very selective and inaccurate fashion," read the court papers.
The court papers stated that Rapulana had ignored concessions made by Warrant Officer Ravi Naidoo and investigating officer Constable William Tladi, as well as having "completely failed to take into account and consider" that Muller was released on bail which did not lead to the "disruption of public order and security".
The notice of appeal also stated that Naidoo had conceded that, if Van Rooyen's version of the events was found to be true, the incident would not be regarded as racially motivated.
Whether or not the alleged attack was racially motivated took centre stage during bail proceedings.
The accused are expected back in court on September 14, 2017. A date has not yet been set for the appeal.
