Followed by a sound of large cheering from the gallery, Matome Jonas Dikgale was denied bail in the Palm Ridge Magistrate’s Court on October 24.
Presiding officer Magistrate Jan van den Heuvel based his decision to deny bail to Dikgale on the protential danger his release would be to the safety of his alleged victim, Dikgale’s wife, Nthabiseng Dikgale.
Van den Hevuel preceded his judgement with an explanation of the regulations that need to be taken into account when a bail application is to be considered by the court.
He felt this was necessary due to the amount of people following the case.
According to Van den Heuvel the onus lies with the applicant, in this case the accused, to prove that it is in the interest of justice for him to be released on bail in a schedule five offence which attempted murder falls under.
Other factors that the court needs to take into account are the potential safety of victims, the potential for the applicant to interfere with investigations and witnesses, whether he is a flight risk and the effect of his release on the community.
Balance of probabilities
The court needs to determine on a balance of probabilities whether the release would be in the interest of justice.
Van den Heuvel indicated his belief from the information he received during the bail application from the testimony of the investigating officer that the attempted murder was performed in a premeditated manner and was only stopped by the intervention of security officers.
He continued by saying that if the court released the accused on bail they would potentially be endangering the victim.
The applicant reasoning that his company would suffer does not overcome the potential harm of the victim.
Van der Heuvel added that the release of the applicant would shock the community and could potentially lead to problems arising from the community.
Dikgale is set to appear again in the Palm Ridge Magistrate’s Court on November 20 for the continuation of pre-trial proceedings.
He will remain in custody until the conclusion of the trial determines guilt or non-guilt.
