The bail hearing for Incredible Happenings church founder Paseka Mboro Motsoeneng has been rescheduled once more.
This comes after the state’s attempt to have magistrate Katlego Mokoena, the presiding officer, removed from the case, was dismissed.
The cause for which the state requested Mokoena’s recusal was that she reportedly told the defence to “fix” their client’s affidavit in order for [him] to be granted bail.
Mokoena delivered the application’s ruling at the Palm Ridge magistrate’s court on Wednesday. She noted that the state’s method of doing things differs from standard protocol. And that there was no attempt to communicate with her in person or through written correspondence.
Request for magistrate’s recusal dismissed
“This court will not allow the state witness to distort what transpired to formulate an ill-considered narrative,” said Mokoena.
Following an adjournment, defence counsel advocate Phillip Dlamini began presenting the bail application. He contended that the allegations are not a schedule five. Under schedule five, they would have required the accused to demonstrate that their release on bail is in the interests of justice.
Dlamini told the court that the firearm that Mboro is alleged to have fired at the school was a replica gun.
“The charge relating to the allegedly used firearm at Matshidiso Primary School on August 5, cannot be sustained by the state. It was a replica firearm,” he said, as he produced a receipt to the court.
Argument over replica gun
Dlamini added that the prosecution wants to please the public by keeping the most famous prophet in jail.
This led to an argument between the state and the defence. The state argued that receipt does not prove that it is for the gun that was used at the school.
State prosecutor Pheello Vilakazi said the firearm is supposed to have a serial number. “This receipt does not display any serial number that links the receipt to the firearm.
We are also aware that there were two firearms that the accused carried on the day. And yet the police only received one.”
The state further called the investigating officer on the case, Maisibe Ngoepe. He confirmed that he was assigned to work on the case.
Ngoepe told the court that when he arrived at the school, a video of what transpired was shown to him. It was shown to him by the school headmaster.
Investigating officer testifies
Despite Ngoepe saying that he is not a firearm expert, he told the court that a replica is not a toy, and it poses harm.
“I need to also add that when we investigated using accused number one (Mboro) details, we discovered that there are two firearms that have been licenced under his name.”
Mboro, who continues to pray in court, appeared with his co-accused and bodyguard Clement Baloyi. The case against the duo has been postponed to Thursday for bail application.
