Three of the five men accused of assaulting a couple at the KFC drive-through in Pretoria last week argued on Thursday for their bail application to be heard urgently.
The Pretoria North Magistrate’s Court heard that the state wanted to charge the men with attempted murder‚ assault with intent to inflict grievous bodily harm and pointing of a firearm.
The offence of attempted murder is a Schedule 5 offence and the accused need to give strong reasons why they should be granted bail.
Stephen Nel‚ DJ van Rooyen and Joshua Scholtz argued before the court that the charges against them did not constitute a Schedule 5 offence.
They said the charge sheet as it presently was did not mention that there was assault with the intent to inflict grievous bodily harm‚ which might then infer there was an attempt to murder Jacob and Dudu Sono.
The lawyers for the three said the state had to show evidence there was a commission of a Schedule 5 offence.
One if the lawyers said he had difficulty understanding how the charge of pointing a firearm might lead to a charge of attempted murder.
Another of the accused‚ Ockert Muller‚ was granted bail last Friday and a fifth accused‚ Marius Harding‚ abandoned his bail bid.
Magistrate Mothloki Rapulane wanted to postpone the bail application to decide on whether the bail bid should be heard as if there was a Schedule 5 offence or an ordinary bail bid.
The court heard that detaining Nel‚ 39‚ longer in jail might put his life in danger as he has a heart condition.
The three accused told the court they did not have previous convictions or pending criminal cases.