Dyasi, 47, was later denied bail by the regional court in Blue Downs on the basis that he had failed to prove on a balance of probabilities there were exceptional circumstances to justify his release.
He turned to the high court, arguing the lower court had erred in reaching that conclusion. He told the court he wanted to find employment to help his father who supported him financially.
Siyo disagreed. “The appellant was called upon to prove two things, on a balance of probabilities, to discharge the onus on him in the context of a schedule 6 offence: first, the existence of exceptional circumstances and second, that those exceptional circumstances permit his release on bail in the interests of justice,” he said.
“In my view the appellant failed to prove, on a balance of probabilities, that exceptional circumstances exist which warrant his release on bail. For these reasons I am of the view that the decision to refuse bail was correct.”
Dyasi's appeal against being denied bail was dismissed.
TimesLIVE
Cape Town man charged for brutal murder fails in bid for bail
Image: 123RF/peopleimages12
A suspect facing assault, kidnapping and murder charges after he and others armed with sticks, hockey sticks and golf clubs allegedly killed a man in front of his horrified family told the high court in Cape Town he should be granted bail to help his father.
Sebenzile Dyasi was arrested a day after the incident on June 15 2023 in which the victim was assaulted and stabbed in the head and neck at Mfuleni.
“According to the state’s version, the assault took place in front of the deceased’s family whose desperate pleas for clemency were ignored,” acting judge Lunga Siyo said in his judgment handed down on Tuesday.
“The deceased was subsequently hauled to a nearby bush. Concerned, the deceased’s family followed the appellant and four others as they moved towards a nearby bush with the deceased. This was, however, thwarted by death threats directed to them.”
Police later discovered the victim in a shallow grave near his residence.
Bail for 'vigilantes' accused of hacking suspected criminals to death
Dyasi, 47, was later denied bail by the regional court in Blue Downs on the basis that he had failed to prove on a balance of probabilities there were exceptional circumstances to justify his release.
He turned to the high court, arguing the lower court had erred in reaching that conclusion. He told the court he wanted to find employment to help his father who supported him financially.
Siyo disagreed. “The appellant was called upon to prove two things, on a balance of probabilities, to discharge the onus on him in the context of a schedule 6 offence: first, the existence of exceptional circumstances and second, that those exceptional circumstances permit his release on bail in the interests of justice,” he said.
“In my view the appellant failed to prove, on a balance of probabilities, that exceptional circumstances exist which warrant his release on bail. For these reasons I am of the view that the decision to refuse bail was correct.”
Dyasi's appeal against being denied bail was dismissed.
TimesLIVE
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