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Pretoria - Three of the men accused of assaulting a couple at a KFC drive-through in Montana, Pretoria, were granted bail on Tuesday after successfully appealing a ruling by the Pretoria North Magistrate’s Court denying them bail in August.
North Gauteng High Court Acting Judge Andre Petersen overturned the lower court's decision, and granted bail of R5 000 each to DJ van Rooyen, Stephan Nel and Joshua Schultz.
He also ordered that the accused not interfere with any State witnesses or go to the Kollanade shopping centre, where the incident took place.
The High Court was of the opinion that Magistrate Mothloki Rapulana had erred in refusing bail, Netwerk24 reported.
Intimidate witnesses
Van Rooyen's attorney, Lizl van Jaarsveldt, said Petersen had found Rapulana was misguided in certain interpretations of the law, according to the report.
In refusing bail, Rapulana said the accused had failed to prove it was in the interest of justice to release them on bail. In refusing their application, she said that there was a likelihood that‚ if released‚ the accused may interfere with and intimidate witnesses.
She added that there would be a public outcry if they were released.
The three accused, along with Ockert Muller and Marius Harding, allegedly assaulted the complainants during the early hours of August 3 at a KFC drive-through. Parts of the alleged attack were filmed and subsequently went viral on social media.
Racial slurs
They are facing charges of attempted murder, assault with the intent to cause grievous bodily harm and pointing of a firearm.
Muller was previously granted bail in August whilst Harding abandoned his bid for bail.
News24 previously reported that Harding was arrested in 2014 on charges of assault and crimen injuria for allegedly assaulting three petrol pump attendants and using racial slurs at a garage in Petrus Steyn, Free State.
Harding also faces a charge of theft in a separate case in KwaZulu-Natal.
The five accused are expected back in the Pretoria North Magistrate’s Court on Wednesday.
