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Durban Day stabbing accused gets bail

Durban Day stabbing accused gets bail

The two young men accused of fatally stabbing Montreal King at the Durban concert were granted bail of R3 500 each.

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Durban - The two young men accused of stabbing Montreal King to death at the Durban concert were granted bail in the Durban Magistrate’s Court on Thursday.

Magistrate Vanitha Armu granted them bail of R3 500 each and ordered them not to contact any witnesses.

During the bail application, the court was told on Thursday that one of the two accused of knifing Montreal King to death was suspended from his school last year for another stabbing, but his victim was too afraid to press charges.

Testifying in the bail application of Tristan Augustus and Radley Warner, investigating officer Constable Nazareen Govender said: “The victim told us he was too scared to open a case.”

She said Augustus had been suspended from school over the stabbing incident.

Augustus along with Radley Warner face charges of murder and attempted murder in relation to the September 6 fatal stabbing of King at the Durban Day concert staged at People’s Park near the iconic Moses Mabhida stadium.

The state had opposed the bail application, saying that not only did they have concerns that the two would interfere with witnesses, but that their safety was at risk.

Govender said Augustus had received threats to his life.

One threat posted on Facebook described Augustus as “Dead Man Walking”.

She said that one of the witnesses in her case had also been threatened.

Govender explained that many of the witnesses went to the same school as Augustus and some even belonged to the same gang — the Ogle Road Glamour Boys, more commonly known as the OGB Gang.

She said that the principal of the Fairvale Secondary school where Augustus is a grade 11 pupil did not want him back out of fear for the safety of the other children.

Both accused told the court that they intend pleading not guilty to the charges of murder and attempted murder.

In affidavits, read to the court by their respective lawyers, the accused claimed that they too were assaulted and sustained injuries in the melee involving about 12 young people.

Both said they did not have the means to flee and both were students — one at high school and another at a college.

Augustus told the court that when he heard the police had arrived at his home in Wentworth to arrest him he went home so that they could effect the arrest.

“I will plead not guilty. I was also assaulted,” said Augustus in his affidavit, read to the court by his attorney Ridwaan Sayed.

Warner’s lawyer also read his client’s statement into the record. In his affadavit, Warner claimed that the complainant in the attempted murder case had wanted to withdraw the charge.

However, it emerged that neither prosecutor Sharon Moodley or Govender were aware of the intended withdrawal of the charges.

Moodley angrily said: “Already at the bail stage they are interfering with the State’s case.”

But, Warner’s lawyer replied that his client could not be held accountable if the complainant in the attempted murder case approached his clients.

ANA

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