The National Director of Public Prosecutions Advocate Menzi Simelane has intervened in a gruesome family murder case in Garankuwa, north of Pretoria.
The allegations are that Mr David Moloisane set alight his family home with his wife and three children locked inside the house. The wife and one child survived while two children died. He is currently facing two counts of murder, two counts of attempted murder and arson before the Garankuwa Magistrates Court.
The accused was granted bail by the Magistrate on 13 April 2011 despite strong opposition by the prosecution and despite facing a schedule six offence which falls under very serious offences. He was granted bail notwithstanding the fact that the State considered him a threat to his surviving spouse, his only living child as well as witnesses.
When the matter was brought to the attention of the NDPP, he considered the following factors before taking his decision to facilitate application for cancellation of his bail:
- the threat the accused poses to the surviving wife and child.
- seriousness of the offence
- relationship the accused had with the victims (his own family)
- prevalence of this offence ( killing of spouse and children)
- manner in which the two children were killed
- public outrage at the release of accused and murder of children
- administration of justice being undermined leading to lack of confidence in the justice system.
The NDPP impressed on the prosecutors and the investigating officer to facilitate re-arrest of the accused who is now in custody pending an application for cancellation of his bail on the ground that while out on bail he threatened his spouse and other state witnesses.
He is due to appear again on 31 May 2011. The NPA will continue to protect women and children as the most vulnerable members of our society against any alleged abuse and violence by any person. We will also continue to challenge any decision by our courts that seeks to undermine the proper administration of justice.
Enquiries:
Advocate Mthunzi Mhaga
Tel: 012 845 6443
Cell: 072 198 6863
E-mail: mcmhaga@npa.gov.za
Source: SAPA
