Central SA
Judgment reserved in #Senekal appeal case─── LUCKY NKUYANE 17:24 Thu, 15 Oct 2020
The defence team for the 51-year-old André Pienaar from Senekal put up a strong fight in the Bloemfontein High Court on Thursday, to appeal the refusal for his bail application at the Senekal Magistrate's Court on Tuesday.
Pienaar's legal team submitted that Magistrate Buti Mlangeni erred in not applying the presumption of innocence as enshrined in the Constitution.
Advocate Jacques Potgieter, who is leading the defence for the accused, detailed at least six factors to Judge Celeste Reinders where he says Magistrate Mlangeni made certain findings without evidence.
Potgieter says there was no evidence that the court personnel were attacked and were predominantly women; and that the magistrate misdirected himself in the evaluation of where the interest of justice lies by considering “unproven, unsubstantiated factual findings”.
Meanwhile, Judge Reinders reserved judgment for Monday 19 October, at 09:00.
OFM News
