Durban — In an about-turn and boasting new legal counsel, the Hillcrest police officer charged with a double murder, who had initially abandoned bail, on Wednesday decided to reapply for bail.
Mlungisi Blessing Sikhakhane, who is charged with the murders of his long-time girlfriend, Sthembile Ngobese, and his girlfriend of fewer than five months, Enhle Majola, on the last occasion in court abandoned his bail, and his counsel withdrew.
On Wednesday in the Pinetown Magistrate’s Court Sikhakhane’s new attorney, advocate RM Luthuli, told the court he had been instructed to apply for bail.
“Although I have no records of anything pertaining to the case such as the charge sheet and witness statements, we have the intention to apply for bail,” he said.
The State then told the court there would have to be specific arrangements made for the bail application to be heard as previously Sikhakhane had indicated he wanted his bid to be heard by a different magistrate, and not one from the Pinetown Court.
At the beginning of November on the day Sikhakhane had been expected to apply for bail, he instead instructed his counsel to apply for magistrate Wendalynn Robinson’s recusal as the presiding magistrate.
His reasons stated in court were that over the past few days it had been brought to his attention that Majola’s father worked at the court, and Sikhakhane had concerns regarding the bias of the court in dealing with the matter.
The defence had indicated Sikhakhane’s concerns were he was “uncertain if the father of the deceased has interacted with your worship (Robinson)”.
On Wednesday, State prosecutor Nomcebo Xulu said Sikhakhane’s bail application could not be heard this month or early in January as the Independent Police Investigative Directorate investigating officer would be on leave from December 22, returning on January 15.
“The State intends to have the investigating officer give viva voce (oral) evidence. Besides this fact the bail application can’t be done sooner as this is a difficult time in the courts with most staff on leave,” she said after Sikhakhane’s counsel suggested hearing the application on December 23.
She said when it came to investigations, ballistics and video footage were outstanding, while the post-mortem reports, photo album and crime scene residue evidence had been filed.
Magistrate B Kunene before adjourning the matter for the bail application to be heard next year said he was aware that bail was an urgent application.
“I notice from the record that he previously abandoned bail, he also indicated that he wanted an outside magistrate. December 23 would have been short notice for this because arrangements have to be made for such.”
The matter was adjourned to January 19.
Various magistrates over the past days have been sitting in the court allocated to Robinson, who is on leave.
Daily News