The bail application of three men accused of stealing from Enyobeni tavern victims as they lay dead on the floor and tables of the infamous East London establishment will be opposed by the state.
The accused, Aphiwe Rawutini, Someleze Dyani and Sinobom Ntyintyi, from Scenery Park township, made a brief appearance in the East London magistrate’s court on Tuesday after their case was postponed at the 11th hour on Monday.
Their case was again postponed on Tuesday by magistrate Luyanda Gobingca.
Gobingca said: “Due to court roll congestion, and your case being transferred while the court had cases set down, it is therefore postponed for bail application. I’m told the investigating officer will be here as well.”
This was after state prosecutor Lerato Nqinileyo told the court they would oppose bail. The accused are represented by Legal Aid.
During their brief appearance, they appeared flustered by the media presence, shying away from cameras.
The three were arrested last week along with a 16-year-old who is in the custody of his parents. They face charges of theft, possession of suspected stolen property and defeating the ends of justice.
They are accused of stealing items including shoes, clothes, a watch and weaves from tavern victims in Scenery Park last month amid an incident which elicited shock across the country.
Police spokesperson Brig Tembinkosi Kinana previously said the stolen items were recovered at the accused’s homes. Some items were positively identified by the families of the victims while others were yet to be identified, he said.
The accused are not linked to the death of the 21 children and young people, the youngest of whom was just 13.
The accused will be back in the dock on Monday.
Meanwhile, the 52-year-old owner of the tavern will appear in court on August 19 to face charges relating to the sale of alcohol to underage patrons.
The owner was arrested alongside two employees, aged 33 and 34, after the Eastern Cape Liquor Board laid charges against them at the Scenery Park police station for contravention of the Liquor Act. The two employees were fined R2,000.
National Prosecuting Authority spokesperson Luxolo Tyali said the state would oppose bail as they believed there was a likelihood that the accused may interfere with witnesses if released and they were also a flight risk.
“They are a flight risk, the three of them. One of them has previous convictions of theft. He has a propensity of committing crimes,” Tyali said.
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