A bail application for six people accused of stabbing to death a teenager during the opening of season festivities in December was postponed after one of the accused requested his case be reopened.
Shuaib Slabbert, 18, of Arcadia, indicated he wanted to have his case reopened.
State prosecutor Mbolekwa Mayila said Slabbert’s lawyer, Theuns Roelofse, told him of the imminent application. Roelofse was not in court yesterday.
Magistrate Sanjani Naidoo said she remembered Roelofse indicating his intentions and would allow for the case to be reopened.
Slabbert, along with co-accused Faizel Davids, 20, Fergil Fillis, 19 and three others aged between 15 and 16 – who cannot be named as they are minors – stand accused of the murder of Curtleigh Alexander, 16.
Earlier in the week investigating officer Detective Constable John Leppan told the court he did not oppose bail for five of the accused but said Slabbert should remain in custody as he was the one accused of actually stabbing Alexander.
Leppan said Slabbert might intimidate witnesses and that he had a history of violence in that a case had been opened against him in 2014 for stabbing a 12-year-old girl in the arm. That case never reached the courts after the mother of the victim allegedly withdrew the charges.
Yesterday Shane Smith, legal representative for one of the accused minors, told the court he believed the state had failed to prove common cause and that factual evidence supplied by Leppan differed between Slabbert, his client and the other co-accused.
Smith requested that the court reconsider the schedule of the offence, which Naidoo denied.
“The court made a ruling regarding the schedule. That ruling stands. Should you wish to oppose that ruling you can take the matter to a higher court,” Naidoo said.
The matter was postponed to January 31.