The Thulsie twins’s defence team is to launch an urgent high court application to overturn Monday’s decision by the Johannesburg Magistrate’s Court that their arrest was legal.
Magistrate Pieter du Plessis ruled on Monday morning that the arrest of 24-year-old Brandon-Lee and Tony-Lee Thulsie was lawful.
For weeks the twins’ lawyer Annelene van der Heever has been fighting to have their arrest last month‚ which was made without arrest warrants‚ declared unlawful.
The brothers were arrested when police obtained a search warrant and raided their homes in Newclare west of Johannesburg.
The twins were arrested for allegedly planning to attack Jewish and US interests in South Africa. They are also accused of planning to travel to Syria to join the Islamic State.
Du Plessis‚ reading out his decision‚ said that the police had had reasonable suspicion to effect an arrest.
“There were certain items seized which indicated that the accused had interest in Syria. But this was not the sole basis for their arrest. The investigating officer suspected that they had contravened the Protection of Constitutional Democracy Against Terrorist and Related Activities Act.
“The issue remaining was whether there was reasonable suspicion of committing an offence.”
Du Plessis said that the reasonable suspicion came from a witness who gave a statement which tied in with proof of air tickets the accused had bought to travel to Turkey and Ethiopia.
It was from there that the twins were alleged to have made plans to fly on to Syria to join IS.
Du Plessis said: “That’s the information which the police based their reasonable suspicions on to come to the conclusion that an offence had been committed.
“It qualifies for the arrest without a warrant. The arrest and detention was lawful.”
Van der Heever was granted a postponement until Friday‚ when the twins’ bail application will be heard‚ when she told Du Plessis that they were to launch an urgent high court application to have his ruling overturned.
The twins have been remanded in custody until Friday.
– TMG Digital/The Times