The state has described organised crime unit member Sgt Fannie Nkosi as a master of evading justice who may use his knowledge of police systems to interfere with evidence.
Prosecutor advocate Tholoana Sekhonyana argued that releasing Nkosi on bail was not in the interests of justice, as the suspended police officer knew and understood police systems and may erase some of the strong evidence the state has against him.
The Pretoria North magistrate’s court was hearing the continuation of Nkosi’s bail application on Monday.
Nkosi was arrested on April 2 after ammunition, dockets and a state-issued hand grenade were found in his possession, which he was allegedly not authorised to have. He also failed to mount his safe where his guns were kept.
Sekhonyana said being in possession of dockets that were not allocated to him showed how Nkosi was able to interfere with the administration of justice to protect criminals. It also showed how he had mastered the art of dodging justice.
She said the state has a strong case against Nkosi and, if convicted, he may face 15 years behind bars.
“The forensic expert will provide metadata of the pictures taken [at Nkosi’s home] with date and time at the trial stage. This is not a matter of interpretation but a direct confirmation of picture evidence.”
Sekhonyana said that as Nkosi has raised concerns about his safety, he would be safer in jail than outside.
Advocate Siza Dlali, for Nkosi, said the suspended police officer was unable to return state property in his possession because of his suspension.
Dlali told the court it was not in the best interests of justice to keep Nkosi in custody.
He said there was no evidence that Nkosi may interfere with witnesses in the case, who include members of the police task team. There was also no evidence that Nkosi would attempt to endanger anyone if released on bail or evade trial. Nkosi had only left South Africa once and was prepared to hand over his passport should he be granted bail.
Dlali withdrew his submission made last week in which he told the court that from the pictures submitted by police, there was no stun grenade found on Nkosi’s property.
He said that was an error on his part. After carefully reviewing the pictures, he realised there was a stun grenade.
Nkosi maintains he has no knowledge of the “alleged stun grenade that was found” on his property, his lawyer said.
Magistrate Thandi Theledi said she needed two days to write the judgment and reserved it until Wednesday.
Nkosi will remain in custody until then.
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