Two men linked to the kidnapping of Bay biokineticist Riana Pretorius will learn next week whether their application for bail has been successful.
Xolani Kafile and Xolisile Rawutini are accused of being part of a group of men who allegedly abducted Pretorius from outside her Newton Park business premises as she arrived for work on March 16.
The state submitted an affidavit by the investigating officer, Colonel Kanna Swanepoel, during proceedings in the Gqeberha magistrate’s court last week which painted a picture of the pair’s alleged involvement in a plot to extort money from the Pretorius family.
However, both Kafile and Rawutini have maintained their innocence, claiming through their lawyers that the state had a weak case that was based largely on circumstantial evidence.
On Wednesday, attorneys Wayne MacGrear for Kafile and Bond Nyoka for Rawutini urged the court to grant their clients bail, claiming there were no solid grounds to keep them locked up.
MacGear attacked the state’s case, arguing that Kafile’s palm print, which were allegedly found on the Toyota Corolla suspected of being used during the kidnapping, could not be used to prove he was involved in the abduction of Pretorius.
He said the print may have ended up there unintentionally.
“Anyone can deposit a print, even when merely walking past a vehicle,” MacGear said.
He said six R200 notes, laced with a florescent dye and allegedly found in Kafile’s possession after his arrest on March 28, could have been the proceeds of his business.
MacGear said Kafile could not be charged with the possession of an illegal firearm and ammunition and suspected stolen property because none of these items were found on him when he was arrested at a B&B in East London.
Rawutini was arrested shortly after the kidnapping ordeal.
Both men face additional charges of kidnapping, extortion and human trafficking.
According to Nyoka, Rawutini was incorrectly linked to the kidnapping even though he admitted to driving the Toyota Corolla, which he stopped on the Old Grahamstown Road after being pursued by police.
State prosecutor Benedict Wilson argued that the state had sufficient evidence to prove the men’s involvement in the kidnapping, adding that they would probably be convicted after a trial.
Judgment on whether they should be granted bail is expected on Tuesday.
Pretorius was released by her kidnappers, unharmed, more than a week after she was abducted.
A R1.1m ransom was paid for her safe return.
Police are on the hunt for additional suspects.
HeraldLIVE