If murder accused businessman Theo Gora had “done what any ordinary citizen would have done” and rushed the teenager he allegedly struck with his car to the hospital, the young man’s life might have been saved.
This was said by the investigating officer as the state opposed bail for Gora, 28, who is now charged with murder.
Gora appeared in the New Brighton Magistrate’s Court on Tuesday, where his attempted murder charge was formally changed to murder, following the death of Misomihle Nkwalase, 18, whom he allegedly mowed down with his vehicle on October 11.
Family members of both Nkwalase and Gora were in court, while scores of Zwide and Veeplaas residents picketed outside, calling for bail to be denied.
As Gora, the suspended head of operations at Kasi Delivery, stood in the dock, he was seen smiling, winked at people in the gallery and even gave them a thumbs-up.
Sergeant Ricardo Leander told the court how Gora, his girlfriend and two other women had arrived in Sakhele Street, where Nkwalase’s near-lifeless body was allegedly dumped after the incident.
“They arrived and the applicant [Gora] identified Nkwalase as someone he knows and offered to take him to the hospital while the police were there.
“No-one had told [Gora] where to find the deceased.”
Leander said Nkwalase was found unresponsive, with torn, wet clothes.
He said Gora had then told Nkwalase’s family that he had been chasing after armed robbers who took his cellphone and wallet when he accidentally bumped into Nkwalase, whom he believed to have been involved in the robbery.
“The applicant [allegedly] said after he hit him with his vehicle, he searched him for his [Gora’s] belongings but did not find anything.
“But he [allegedly] still loaded him in his vehicle and went to dump him.
“It is my belief that had he done what any other citizen would’ve done after [allegedly] striking him and taken him straight to the hospital, Nkwalase’s life may have been spared.”
Leander said it was not in the best interests of the community for Gora to be released, especially after more than 10,000 people had signed a petition for him to remain behind bars.
Gora, who also faces a kidnapping charge, is accused of speeding after and crashing into Nkwalase in Veeplaas.
It is alleged he then bundled him into the vehicle and dumped the severely injured teen near an informal settlement.
When he first admitted to the alleged incident via a public Facebook post, Gora claimed he had acted in retaliation after being robbed by a group of men, among them allegedly Nkwalase.
He said he deeply regretted his actions which were likened to an act of vigilantism.
Gora also reported a robbery case with the police.
Representing Gora, defence attorney Zolile Ngqeza contended that his client’s police statement in the robbery case should not be considered in the bail application.
“You cannot include the information provided when the applicant reported another matter to the police because it is not in the same docket,” Ngqeza said.
“That information may be relevant in the trial court but not here.
“We are dealing with a bail application and I submit that the statement made by my client, without being informed of his rights, cannot be heard here.”
The court then ruled against the statement being used.
Ngqeza further argued that the referencing of a Facebook post purported to have been authored by Gora, in which he admitted to striking Nkwalase, was prejudicial to his client as there was “no proof that he voluntarily wrote it”.
Ngqeza argued that his client should be released on bail as he was not a flight risk and had, in fact, voluntarily gone to the Kwazakhele police station after the incident.
Nkwalase spent two weeks in Livingstone Hospital’s intensive care unit before succumbing to his injuries.
Ngqeza said he was also in possession of seven petitions from different organisations, including a church and business people, who wanted him released because of his contribution to his community.
“If the applicant was a flight risk he could’ve [fled] after the incident,” Ngqeza said.
“But when he learnt that the police had been looking for him, we voluntarily went to the police station on October 17, when he was arrested.
“He has no previous convictions or pending cases, nor does he have any history of violence.
“He will not tamper with any witnesses.
“I have been told by his business partners that the business has taken a knock since his incarceration as he is its engine.”
The matter was postponed to Thursday for closing arguments ahead of judgment.
The Herald
