Maroela Media
The Bloemfontein High Court has on Monday granted bail to the 51-year-old businessman, Andre Pienaar, reversing the Senekal Magistrate Court’s ruling on the matter.
Pienaar approached the High Court after his bail was denied by Magistrate Buti Mlangeni last week because he would interfere with witnesses.
Judge Celeste Reinders ruled that Pienaar should be released on bail of R15 000.
Judge Reinders found that Pienaar’s legal team, led by Advocate Jacques Potgieter, succeeded in showing that the 51-year-old former farmer and businessman was in fact not a flight risk as suggested by the state.
Reinders further dismissed the state’s allegations that Pienaar has attempted to influence witnesses as nothing more than concerns.
She further added that prior to the denial of bail, there was an agreement by the respective parties that should bail be granted it would be at R15 000. Hence the bail amount granted by the Bloemfontein High Court Judge.
Potgieter and Pienaar’s family members could be seen celebrating the judgment, with the Advocate saying over the phone that they are extremely happy at the outcome.
During the appeal last week, Pienaar's legal team submitted that Magistrate Mlangeni erred in not applying the presumption of innocent until proven guilty as enshrined in the Constitution.
Potgieter detailed at least six factors to Reinders in which he says the Senekal Magistrate made certain findings without evidence. He said there was no evidence that the female court personnel was attacked in the October 6 unrest, and that the Magistrate misdirected himself in the evaluation of where the interest of justice lies by considering unproven, unsubstantiated factual findings.
In her judgment on Monday, Reinders agreed that Pienaar was indeed innocent until proven guilty
Pienaar was the first to be arrested following the violence that erupted outside the Senekal Magistrates Court on 6 October where two suspects appeared in connection with the murder of farm manager Brendin Horner.
During the chaos, a police van was set alight, and a female officer strangled before a group of protesters entered the court building.
Pienaar who is facing a charge of attempted murder, public violence arson and malicious damage to property, will be back in court on the 20th of November.
A 33-year-old man who was the second person to be arrested in connection with the protest outside court will make his first appearance in the Senekal Magistrates Court on Monday.
