Kimberley - The leader of the Geloftevolk Republikeine, André Visagie, has been ordered to report to the authorities by Wednesday to begin serving his five year prison sentence, after losing a bid to extend his bail.
He was sentenced in 2014 after he was found guilty of the illegal possession of firearms and ammunition. A wooden chest containing firearms and ammunition, handmade shotguns, a crossbow, pangas, possible explosives and a choking device were found at his home in 2011.
Visagie’s appeal against his conviction was dismissed in the Supreme Court of Appeal earlier this year. He then made an urgent application to the Northern Cape High Court to extend his bail, pending an application to the Judge President of the Supreme Court of Appeal, to review the decision of the Supreme Court of Appeal.
Senior Advocate Willem Coetzee on Monday stated that his client would prove his exceptional circumstances to the Judge President of the Supreme Court of Appeal.
“The police were negligent and were not objective in their investigation, while the State relied on circumstantial evidence.”
Coetzee added that no effort was made during the investigation to determine if the wooden chest belonged to anyone else, other than Visagie or his son.
“Visagie stated that he would not have normally stored ammunition in a wooden chest.”
He reminded the court that Visagie would never have been granted leave to appeal to the Supreme Court of Appeal if he did not stand a reasonable chance of success.
“This is part of the continuous process, where the accused’s bail should be extended pending the outcome of his appeal to the Judge President of the Supreme Court of Appeal.” Coetzee pointed out that Visagie had attended all court proceedings and was not a flight risk.
State advocate Adele van Heerden stated that Visagie’s bail had been withdrawn when his application was declined in the highest court of appeal. “He should make a fresh bail application if he wishes to overturn the decision of the Supreme Court of Appeal. The accused has not presented the court with any new exceptional circumstances to justify a review of the case.”
Judge Johann Olivier indicated that it was unlikely that Visagie would succeed in his petition to the Judge President of the Supreme Court of Appeal.
“His bail can only be extended if exceptional circumstances, which in this case have not been debated, are proven.”
He added that the Northern Cape High Court previously extended Visagie’s bail in October 2015 and granted him leave to appeal his conviction, on the likelihood that he had a reasonable chance of success.
“However, this application did not succeed before two judges in the Supreme Court of Appeal. The highest court found that this court had not erred in its judgement.”
Olivier indicated that circumstantial evidence often presented a stronger case than direct evidence.
“The State arrived at the conclusion that the firearms and ammunition that were found on the premises of the accused, could not have reasonably belonged to anyone else.”
He on Monday ordered that Visagie present himself to the clerk of the Kimberley Magistrate’s Court within 48 hours to begin serving his sentence.
Acting Judge Sharon Erasmus concurred.
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