Murder-accused Nelson Mandela Bay businessman Theo Gora is a free man — for now.
The 28-year-old was granted bail of R5,000 by the New Brighton Magistrate’s Court on Thursday, stirring dismay and anger among community members.
Scores of people had picketed outside the court and handed in a petition containing thousands of signatures demanding that bail be denied to the man accused of the murder of Misomihle Nkwalase, 18, whom he allegedly deliberately ran over with his vehicle.
Misomihle died in hospital later as a result of his injuries.
Struggling to contain her emotions after the bail decision, the teenager’s mother, Zoleka Nkwalase, said she found it difficult to express how she was feeling.
Magistrate Lindsay de Vos handed down her ruling after intense closing arguments from defence attorney Zolile Ngqeza and state prosecutor Nicole December.
Gora, the suspended head of operations at Kasi Delivery, allegedly chased after and bumped Misomihle with his vehicle on the night of October 11 in Veeplaas, claiming later that the youngster had been part of a group of people who had robbed him.
On Tuesday, the attempted murder charge against him was formally changed to one of murder.
In granting bail, De Vos said Gora was prohibited from communicating directly or indirectly with the state witnesses, or from applying for a passport pending the finalisation of the case.
He was instructed to remain at his verified alternative address, which he may not change without written permission from the investigating officer.
He was also ordered to report to the nearest police station every Monday.
The case was then postponed to January 26 for further investigation.
Speaking outside the court after the ruling, Nkwalase said though she was not happy with the outcome, she understood that justice needed to run its course.
“I know the case is not over yet.
“I will continue to fight, and I know in the end that I will be victorious and find peace — even though I will never get my child back,” the grieving mother said.
She said being in court was akin to reliving the pain of her son’s death all over again.
Her neighbour, Ntombozuko Jafta, said they were in court to support Nkwalase.
“We are unhappy about bail being granted.
“While we are planning his [Misomihle’s] funeral, Gora will be out and about,” Jafta said.
Other community members outside the court expressed their outrage at the decision.
Gora, who also faces a kidnapping charge, is accused of speeding after and crashing into Misomihle in Veeplaas.
It is the state’s case that after hitting the youngster with his vehicle, Gora first dumped Misomihle’s near-lifeless body near an informal settlement and then returned the next day to take him to hospital.
In court on Wednesday, Ngqeza argued that the magistrate should consider Gora’s conduct before and after the incident.
“We are guided by the evidence before court,” Ngqeza said.
He said Gora had willingly gone to the police station before his arrest.
He also took Misomihle to hospital.
“There is no evidence to indicate that he will try [to] influence witnesses.”
Ngqeza said the community was divided over the incident — one group in favour of bail and the other against it.
However, he said this was moot.
“Our courts are always encouraged not to act with emotions but rather consider the evidence without fear or favour, and uphold the oath.”
He argued further that whether Gora was guilty or not could only be decided by the trial court.
“We accept that someone lost his life.
“But we are saying that keeping my client in custody would prejudice his rights to prepare for his defence.
“He is innocent until proven otherwise,” Ngqeza said.
He said further that the state had failed to show that Gora had intended to murder Misomihle.
In response, December submitted that the charges against Gora were of a serious nature because a young life had been taken.
She argued that Misomihle’s life had been full of promise — and now he was gone forever.
December said Gora had allegedly deliberately used his car as a weapon and had disregarded human life.
She said he then allegedly attempted to evade responsibility and claimed that he would manipulate the justice system to avoid prosecution.
December said community members had gathered outside the court showing their strong opposition to bail being granted, and that a petition against his release contained 10,000 signatures.
If he was released, she argued, “it could cause public unrest”.
“We submit that the court is the last shield of justice.”
She urged the court to refuse bail in the name of justice, humanity and that of Misomihle.
When he first admitted to the alleged incident via a Facebook post, Gora claimed he had acted in retaliation after being robbed by a group of men, among them allegedly Misomihle.
He said he deeply regretted his actions, which were likened to an act of vigilantism.
Gora also reported a robbery case with the police.
The Herald
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