APE TOWN - The Anti-Gang Unit (AGU) sergeant within the courtroom case alongside alleged underworld kingpin, Nafiz Modack, had his movement to have a separate bail utility denied inside the Blue Down’s Regional Court the day before today.Anti-gang cop Tabisher loses motion for separate bail bid to that of ’underworld kingpin’ (iol.co.za)
Ashley Tabisher, lodged an urgent application for his bail hearing to be heard in the Blue Down’s Regional Court, saying he was gatvol of the delays which have seen him appear in court 30 times in seven months.pic supplied"/>
Sergeant Ashley Tabisher filed for a motion to have his bail utility finalised. The utility added before the courtroom also asked for the matter to be handled one after the other than that of his co-accused within the case.
Last week, an pressing software for bail was carried out at the Western Cape High Court software below Rule 6 of the Uniform Rules of Court which governs how judges can determine the urgency of an software and Tabisher became granted R5 000 bail.
However, upon his release a U-flip became made through the courtroom.
Spokesperson for the National Prosecuting Authority (NPA) Eric Ntabazalila, said on the time that after the NPA learnt of Tabisher’s being granted, it delivered an utility to challenge his launch.
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The order for Tabisher’s release was then rescinded by the Judge President.
It is the State’s case that Tabisher is in cahoots with Modack.
Tabisher and Modack, along with Zane Kilian, Jacques Cronje, Ricardo Morgan, Jannick Adonis and Amaal Jantjies, had been accused of being contributors of the “Nafiz Modack Enterprise” which the State claims is behind the plot to kill AGU commander Charl Kinnear and his own family.
Tabisher allegedly standard a R10 000 bribe and a cellphone from Jantjies to leak statistics about deliberate AGU raids on Modack’s homes.
However, Tabisher has been adamant he isn't responsible of the prices introduced towards him and that he turned into simplest appearing on guidance from his commanding officer at the time, Major-General Andre Lincoln.
Tabisher’s defence, Advocate Bruce Hendricks, said it became in his consumer’s constitutional right to be afforded an possibility for bail after he has been remanded for over two hundred days and the bail applications have been dragging alongside.
The State closed its case towards Tabisher in September.
Hendricks stated his patron has been tormented by medical conditions and provided the court with an affidavit to nation his client nearly suffered a heart assault or stroke.
When the State passed a testimony over from healthcare workers at Goodwood Prison to mention they have been more than able to to treating Tabisher, Hendricks said his customer become rushed to a clinic facility outside the prison on Wednesday and puzzled the affidavit passed over to the court.
However, the State argued it turned into now not in the first-class hobby for this motion to be granted as it might not best drag out proceedings, but would call for extra sources to be utilised in this separate be counted.
The courtroom for that reason determined in favour of the State, denying the movement and said no longer most effective would it not affect the contemporary processes of the matter, it'd also prejudice the co-accused inside the be counted.
As he changed into being led from court, Tabisher's remaining words had been: “Justice behind schedule is justice denied”.
The rely has been postponed until December 8.
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