Ballistic results help Mboro secure bail

The National Prosecuting Authority (NPA) says ballistic test results which showed a gun Pastor Paseka "Mboro" Motsoeneng discharged was not real is what led to its climb down on the charges he faces.

Motsoeneng was yesterday released on R3,000 bail after the state conceded one charge he faced, which falls under the Firearms Control Act, could not be proven because the gun was a replica.

During Motsoeneng's first bail application, prosecutor advocate Pheello Vilakazi submitted there was additional video footage of the incident “which may not have gained [as much] popularity” as the one widely shared.

“There's footage the state is in possession of showing accused No 1 [Motsoeneng] had another rifle in his [car] boot. He took out that rifle and is seen discharging it to disperse people in the streets so he can leave the crime scene," Vilakazi said at the time.

On Thursday, NPA spokesperson Phindi Mjonondwane said they had drawn up the preliminary charges against Motsoeneng after his arrest and the investigation that followed.

Mjonondwane said  the investigating officer, in his affidavit, said Motsoeneng was seen in the video fetching a rifle from his car. She said the NPA learned on Thursday, when it received ballistic test results,  the rifle was not a real gun.

"When a person appears in court, they are provisionally charged. Investigations would be ongoing and the final charges would only come once investigations are finalised,"  Mjonondwane said.

The state conceded that based on the facts presented in court, the weapon was a blank-firing rifle.

Speaking in court on Thursday, Vilakazi said in light of the ballistics report, the state conceded the gun used was a replica and does not fall under the Firearms Control Act.

Handing down the bail judgment, magistrate Katlego Mokoena said the prosecution had confirmed that initially it was under the impression the rifle was a fully semi-automatic firearm.

However, it conceded the firearm does not fall under the Firearms Control Act, therefore making the bail application fall under a schedule 1 offence and no longer schedule 5. 

“What that means is that with schedule 5 it was the applicants who needed to show it is in the interest of justice that they be granted bail, which they initially failed to do.

“But with this development, it means with the technicalities the defence have provided before this court and the state conceding, the court does accept the count being unscheduled is a new fact. The court is therefore satisfied.

"The onus shifts to the prosecution to prove why you should not be released on bail. The prosecution does not oppose bail based on the new developments, but requests strict bail conditions," Mokoena said.

Motsoeneng, his son and bodyguard Camillot Baloyi face charges including kidnapping, possession of dangerous weapons and assault.

The charges stem from an incident at a school in Katlehong, on the East Rand, which was captured on video and went viral on social media.

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