Update

PLETTENBERG BAY NEWS - Strict bail conditions and the fact that the bail application was not opposed were among the reasons why two suspects, allegedly involved in a violent attack on a Plettenberg Bay man in his home on 27 January this year, were released on bail. 

Dissent over the bail granted to the suspects in the Magistrates Court, as well as the NPA's response to queries about it, is growing in the community.

The 65-year-old resident, Grahame Fogel, was overpowered by three men in his home in Zenon Street at about 16:00. During the attack he was not only stabbed, but also kicked, beaten, suffocated and had ant poison poured in his eyes.

A worker at a neighbour's house heard the commotion and called for help. The victim managed to escape the attackers' clutches and tried to run to safety while the men continued to ransack his home.

One of the suspects was tracked, chased down and arrested in dense vegetation nearby. The other two suspects fled towards the N2 and were arrested in the bushy area near the Formosa Garden Village.

All arrests were made within 49 minutes. The stolen goods, which included a laptop, a camera, cellphones and various other high-value items, were also recovered.

The suspects, aged between 17 and 20, appeared in the Plettenberg Bay Magistrate's Court soon after the arrest, where two were released on bail. The third suspect abandoned his bail application. 

The release sent shock waves through the community. The victim said he found it unbelievable that the suspects were roaming the streets again, especially since police found fingerprints on the scene; he positively identified his assailants and police found the stolen items in their possession. 

The knives, which still contained the victim's blood, were also recovered.

Victim of a violent home invasion in Plettenberg Bay, Grahame Fogel, shows the extent of his injuries.

Bail unopposed
National Prosecuting Authority (NPA) spokesman Eric Ntabazalila this week said the bail application for the two suspects who were released, went unopposed on 5 February. He added that the two released suspects were 17 and 18 years old and both had fixed home addresses. Neither of them had any previous convictions or pending cases against them.

"Despite this being a serious alleged offence, the prosecutor did not feel that the release of the accused persons posed any risk to the safety of the public; that they would have evaded the trial, attempted to intimidate the complainant, hindered the investigation, undermined the justice system, or disturbed public order," Ntabazalila said.

He said the prosecutor had, to date, not received any new evidence that contradicted these points. 

"She has not received any petition from members of the public supporting the community's concerns that these accused persons posed a great threat to public safety should they have been released."

Several strict bail conditions were also set including that the suspects may have no contact, directly or indirectly, with the complainant and that they report to the Plettenberg Bay police station every Monday and Friday.

The victim was informed that the suspects had been released on R3 000 bail, but Ntabazalila said it was only R600.

'Onus on judicial system'
Fogel said he was "shocked and hurt" to learn that bail was unopposed by the prosecutor. ''It's up to her after all, is it not? I fear for us all in South Africa," he said.

Lisa Nagel of Plett.Watch, the local neighbourhood watch group whose members were instrumental in apprehending the suspects, said she was horrified that the men were back on the street. "We trust that the judicial system will protect the community. The onus is on them, not the community," she said.

"We should not be expected to petition or picket to have bail opposed when suspects appear in court." She added that her team and many other safety stakeholders put their lives at risk to eradicate crime, which makes seeing these suspects back on the streets especially frustrating.

The matter was postponed to 17 March for a regional court date.

Drones were used to track suspects in the home invasion.