[LISTEN] Community remains unhappy over bail granted to Coligny murder accused

Community members have reacted angrily over the granting of bail to two men accused of murdering 16-year-old Matlhomola Moshoeu last month.

Pieter Doorewaad and Phillip Schutte allegedly assaulted Moshoeu and then threw him out of a moving bakkie.

This lead to public unrest.

At least three houses were set alight after Monday's bail hearing with some community members saying they feel insulted by the magistrate’s decision.

Magistrate Magaola Faso said he did not believe the pair would evade trial and he took into consideration that they had no previous convictions.

He also said while there is public interest in the case the courts cannot be held to ransom, and that bail is not meant to punish an accused but rather assess whether they will stand trial and not intimidate state witnesses or interfere with the case.

John Maytham asks criminal law expert Professor Stephen Tuson whether the magistrate should have considered the public outcry over the matter.

The magistrate has a difficult balancing act, he wants to in effect give the accused liberty rights but he also wants to make sure that the community is satisfied that the accused will stand his trial.

Stephen Tuson, criminal law expert

Click on the link below to listen to the full audio...


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