The state argued that the strength of the evidence and the minimal sentence Nkosi received were sufficient motivation for him to avoid prosecution.
We will have to wait until the end of the week to hear whether Sergeant Fanny Nkosi will be released on bail.
Nkosi appeared in the Pretoria North Magistrate's Court on Monday to continue his bail applications which began last week.
Magistrate Thandi Theledi needed at least two days to finalize his decision due to lengthy arguments by the state and defense.
Nkosi, a member of the South African Police Service's organized crime unit, has been charged with 11 combined counts related to theft, illegal possession of explosives as well as firearms and ammunition safeguards.
After being suspended from his post in late March, Nkosi was arrested in early April and made his first court appearance on 7 April.
risk of flight from trial
The state argued that due to the strength of the evidence and the 15-year minimum sentence under the charges, Nkosi had sufficient motivation “to avoid trial at all costs”.
Police confirmed that officers found six dockets in a Wendy's house on Nkosi's property, some of which were linked to closed cash-in-transit robberies and kidnappings.
“It is respectfully submitted that the offenses the applicant faces cannot be described as minor. They are so serious that he will not escape a custodial sentence at the conclusion of his trial.
“The evidence against him is overwhelming. He has been linked to the crimes by actual and objective evidence found at his premises.
State prosecutor Tholoana Sekhonyana argued, “It is submitted that this provides an incentive for the applicant to skip bail.”
Bail decision pending
Defense lawyer Sizo Dalali countered in his closing statement that the onus is not on the defense to argue against the charges, but only to prove Nkosi's suitability and willingness to comply with the bail conditions.
“I am pleased that the State has acknowledged that we do not need to prove our guilt or innocence at this stage.
“And, if the State accepts this, Your Worship, then logically it follows that we do not have to dispute whatever allegations they are making.
“You need to know the facts which indicate that it would be in the best interests of justice that Mr Nkosi be released on bail,” Dalali said.
The case was adjourned to April 22 to consider Theledi's arguments and compile its judgment.
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