Sgt Fannie Nkosi ‘not suitable for bail, will interfere with witnesses, evidence’

The state maintains that suspended organised crime unit member Sgt Fannie Nkosi is not a suitable candidate for bail as there is a likelihood he might interfere with investigations.

Nkosi was denied bail by the Pretoria North magistrate’s court last month and is appealing his bail denial at the Pretoria high court.

He faces charges of theft, defeating the ends of justice and unlawful possession of explosives. He was arrested after police raided his Pretoria North home in March, where they found a stun grenade, ammunition, firearms, R50,000 in cash and multiple police dockets linked to serious and violent crimes.

In opposing his application for bail, state prosecutor Trott Mphahlele painted a grim picture of Nkosi as a police officer who abused his position by “hijacking dockets”, so hiding vital forensic information which ultimately led to the collapse of certain cases under investigation.

Mphahlele said during Nkosi’s arrest, police found serious violent crime dockets at his home.

There is no evidence he tried to interfere with witnesses, [nor] is there actual evidence, at least, that there is actual interference, and to say that he will interfere with witnesses is not true ... There must be evidence of actual interference with witnesses

—  Hendrik Potgieter, Nkosi’s legal representative

“Police dockets were found in the Wendy house, and they were gathering dust. If you refer to one docket, it is an Atteridgeville case. This docket was signed by the applicant [Nkosi], until it was recovered in the raid during his arrest. The case was closed because the original docket was lost,” Mphahlele told the court.

Earlier, Nkosi’s legal representative, Hendrik Potgieter, told the court that the magistrate’s court misdirected itself when it denied Nkosi bail on the grounds that he would interfere with evidence or witnesses.

“There is no evidence he tried to interfere with witnesses, [nor] is there actual evidence, at least, that there is actual interference, and to say that he will interfere with witnesses is not true,” Potgieter said.

“The point I want to make is that there must be evidence of actual interference with witnesses.”

The hearing continues.

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