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The two men accused of kidnapping Bay biokineticist, Riana Pretorius, will stay behind bars after their bail applications were both denied in the Gqeberha Magistrate’s Court yesterday, May 9.
Xolisile Rawutini (40) and Xolani Kafile (40) face charges ranging from kidnapping, extortion, trafficking in persons and the unlawful possession of a firearm and ammunition.
According to the state, the two accused are members of a well-organised syndicate involved in kidnappings in the Bay. During the bail judgement, Magistrate Thembakazi Mlindazwe, said that everyone arrested person has the right to be released on bail if it is in the interest of justice.
She added that the court must consider all evidence and arguments of all the parties involved. Mlindazwe explained that with regards to Rawutini, who has argued that the state’s case against him is weak, the court finds that the case against him is indeed strong. She mentioned that Rawutini being arrested after fleeing from the vehicle allegedly used in the kidnapping, counts as very strong evidence against him.
“The court is also taking into account that an eyewitness observed the incident and that the applicant was only arrested after a high-speed chase as he fled from police. There is undisputed evidence that he fled from police which could mean that if released on bail, the court accepts that he would attempt to flee and evade his trial,” the magistrate said.
She also referred to the bail opposing affidavit of the investigating officer, Col. Rhynhardt “Kanna” Swanepoel, that a firearm was thrown out of the window of the vehicle used in the kidnapping, allegedly by Rawutini and that another firearm was found inside his house when a search was conducted.
“He is out on bail for two other cases at the moment where firearms were used. It is indicative of the applicant’s propensity to commit violent crimes. He is a danger to society and will likely do it again if released on bail.”
Mlindazwe made reference to Rawutini’s personal circumstances and how he is said to provide for his two minor children who both live with their respective grandmothers in Butterworth. “It is evident that he is not the primary caregiver of his children as they are in the care of their respective grandmothers. The caregivers will remain as is and there has been no indication from this court that the children will be removed from their families. When assessing the totality of the evidence, the interest of justice does not permit the applicant’s release on bail,” she said.
With regards to Kafile, Mlindazwe addressed the claim that he has an alibi and said that sufficient evidence was not given to the court that this is a cast-iron alibi. “There is undisputed evidence that the palm print found on the vehicle allegedly belongs to the applicant and that fluorescent powder from the ransom money was allegedly found on him,” she said.
“The applicant failed to provide explanations in his affidavits on the palm print and how he came to get the ransom money. It is important to note that in the affidavit, his occupation that leads to him travelling outside East London, is described in the present continuous tense, which means that he still did that up until the time of his arrest.
“This means that he was in violation of his parole agreement in another matter, which stated that he is not to leave East London without the permission of his parole officer.”
Mlindazwe mentioned that this indicates defiance on Kafile’s part, which means that he could very well be just as defiant when it comes to bail conditions in this matter. His bail was therefore also denied.
The matter has been postponed to June 7 for further investigation. The accused were arrested in connection with Pretorius’s kidnapping outside her place of work in Newton Park on the morning of March 16.
The 26-year-old was allegedly forced into a vehicle and taken to several unknown locations over eight days. A ransom demand of R2 million was also made. She was safely returned to her family on March 24.
