'State's airport heist case looking flimsy'

11 April 2017 - 08:00 By KYLE COWAN
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Thando Sonqishe and Prince Raphael appear at the Kempton Park Magistrates Court during their bail application on 28 March. The two were arrested in connection with the OR Tambo heist and are facing charges of armed robbery.
Thando Sonqishe and Prince Raphael appear at the Kempton Park Magistrates Court during their bail application on 28 March. The two were arrested in connection with the OR Tambo heist and are facing charges of armed robbery.
Image: Alaister Russell/The Times

A magistrate has warned the state that its case against the suspects in a multimillion-rand airport heist is flimsy.

"On a balance of probabilities, the strength of the state's case is subject to serious doubt," said magi-strate Amukelani Msimeki yesterday while handing down judgment in three of the accused's bail applications.

Msimeki said it was exceptional for the Kempton Park Magistrate's Court to consider granting bail in such cases.

The magistrate cited this in all three judgments for Sibusiso Job Mnisi, a maintenance worker at Guard Force International, who was granted R50000 bail; businessman Prince Raphael Dube, who was granted R150000 bail; and businessman Thando Sonqishe who was granted R100000 bail.

Dube and Sonqishe told the court that they had been assaulted by the police until they agreed to give statements admitting their involvement in the armed robbery at OR Tambo Airport.

"The likelihood of investigations taking a long time to be finalised and for further evidence to be brought against the accused, if any, to link them to the crime, is in itself an exceptional circumstance," said Msimeki.

For example, Hawks investigating officer Colonel Samuel Mahlangu had told the court that Dube was an undocumented Zimbabwean. But Dube had provided the court with a South African ID and the state had not produced any evidence to the contrary.

Msimeki is expected to decide today on bail for the three other accused - Simon Thokwane, France Manaka and Cosmos Ntanzi.

The bail hearings cast some light on how the gang pulled off its audacious heist on March 7.

The robbers, dressed in police uniforms and armed with automatic and semi-automatic rifles, arrived at a secure gate of the cargo section of OR Tambo Airport and held the security guards at gunpoint, gaining access to the runway area.

They then intercepted the vehicle transporting a crate containing the cash, broke into the crate, loaded the cash into two vehicles and drove out through the gate by which they had entered.

The Times' sources said R200-million in foreign currency was taken, but police told the court it was R20-million in local currency.

Prosecutors told the court the investigation could take upwards of six months.

South Gauteng National Prosecuting Authority spokesman Phindi Louw said the state was confident that it had enough evidence to secure convictions despite the magistrate's doubts.

"Prima facie evidence does exist against all of the accused," Louw said.

Stephen Tuson, a Wits University law expert, told The Times that the state did not have to prove the guilt of the suspects in a bail application.

"I think the magistrate correctly considered all the relevant factors and her judgment in respect of the poor merits of the state's case is in line with law, and would warrant granting bail," Tuson said.

Below is a summary of each accused's alleged role in the multimillion-rand cash robbery.

Accused Nos 1 and 2 : Khulekani Sibanda and Mosioua Motani

The first men arrested and charged, but charges were dropped.

Accused No 3: Simon Thokwane

He is a constable in the SAPS, stationed at the airport. He allegedly showed his co-accused access points and helped them observe the movements of security guards and police.

He was arrested and driven 50km to the Delmas police station. He claims he was tortured until he agreed to provide a statement implicating himself.

Accused No 4: France Manaka

He is a vault supervisor for Guard Force International, a private security company that specialises in moving high-risk cargo through the airport. He allegedly provided his co-accused with a description of the container in which the money was being transported.

Accused No 5: Sibusiso Job Mnisi

He is a maintenance worker employed by Guard Force International. He allegedly provided the cellphones used by the robbers to stay in touch.

Accused No 6: Prince Raphael Dube

He initially told the court he earned R400000 a month and later said he meant that was his annual income. The state alleges Dube made his Kempton Park home available to the robbers as a safe house, where the cars used in the robbery were disguised as police vehicles.

Accused No 7: Thando Sonqishe

He caused a storm on social media after photographs of police officers standing next to his Lamborghini Gallardo were shared. He allegedly provided the robbers with blue lights used on the vehicles.

Accused No 8: Cosmos Ntanzi

He owns four metred taxis and was allegedly told about the heist by one of the co-accused when he gave an alleged robber a lift to a garage.

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