Two SAPS detectives charged with corruption for allegedly trying to buy a double-murder docket have appealed their refusal of bail in the Gqeberha High Court.
Warrant Officer Richard Ntokozo Zungu and Sergeant Luyanda Maneli - who was arrested in November 2022 - allegedly approached a detective of the New Brighton police station and offered him money to get his hands on the docket.
Guided by his moral compass, the detective that the accused allegedly tried to bribe gathered evidence against them and is now a key witness in the trial.
The docket was allegedly found in Zungu's office and R25,000 in cash was confiscated from the boot of his car.
On Friday, the court heard that the detective who turned on his colleagues had to be placed under police protection out of fear for his life and that of his family.
Their legal representatives advocates Eric Menti and Jason Thysse echoed the sentiment that circumstances had changed since bail was denied.
One of the reasons why bail was refused in the magistrate's court was because the court found that, should the two be released on bail, there was a likelihood that they could intimidate state witnesses.
Menti and Thysse said the assertion that their clients could intimidate state witnesses was a moot point since the witness has been placed under police protection.
Both men said that their clients knew nothing about the witness' whereabouts.
Menti said the Magistrate did not properly weigh the interests of the application against the interests of society.
Thysse said no evidence was placed before the court to say that his client would interfere with witnesses.
"My client has no previous convictions and no outstanding warrants of arrest.
"The state's case against the second appellant is now even poorer, or nonexistent.
State Advocate Thando Gqamane said the fact that the applicants found out that the witness was under police protection while in custody, showed their determination and their zeal to know the whereabouts of the witness.
He said this could put the life of the witness in danger and that his safety was paramount to the state.
Gqamane is of the opinion that the magistrate who delivered judgment in the bail application correctly concluded that there were no new facts.
"The witness has already started to give evidence against the appellants in the main proceedings, but the bulk of his evidence on the main allegations has not been presented.
"Before he could proceed, we entered a trial-within-a-trial.
Gqamane said Zungu cannot complain over being in custody for over a year when the delay in the criminal trial was caused by his own doing.
Maneli is also not free of fault, he contended.
"The applicants played musical chairs in delaying the start of the criminal trial.
Judge Denzil Potgieter will deliver his judgment on 13 September.
