Defence calls State’s case ‘extremely weak’ in Mbense murder bail application

By Johnathan Paoli

Defence lawyers for three of the accused in the Emmanuel Mbense murder case have described the State’s case as “extremely weak”, arguing that prosecutors have relied on speculation and allegations rather than evidence showing how the charges will ultimately be proved.

Appearing in the Brakpan Magistrate’s Court on Tuesday for closing arguments in the bail application, Advocate Jan van Heerden, representing former police officer Bhekokwakhe Sibande, argued that the State had failed to establish that his client was one of two uniformed police officers who allegedly entered Mbense’s home.

“Your Worship, it’s my respectful submission that the state case against applicant two [Sibande] relies heavily on speculation, unsupported inferences and flawed logic rather than verifiable evidence,” Van Heerden said.

“Marius van der Merwe [Witness D] asserted that they were from Brakpan without providing any explanatory basis for this conclusion and he never identified the two un-uniformed officers