The two accused appeared in the Kabokweni Magistrate’s Court yesterday, May 22, where Nkosi was set to apply for bail based on new evidence, while Lubisi was making his first appearance for a bail application after previously abandoning it.

During the court proceedings, their defense lawyer Khaliphi Ncanca stated, “Seeing that the investigation is complete and the trial gate is being prepared, I request for disclosure of the docket for preparation of the bail application for accused.”

However, State prosecutor Belinda Williamson opposed the request, citing concerns that providing the defense with docket particulars would jeopardise the investigation. “The investigation officer feels that providing the defense with the particulars of the docket will jeopardise his investigation. It will not be in the interest of justice if the particulars will be given to the defense,” she added.

READ | Pienaar tavern shooting leaves eight dead

It would be recalled that Nkosi was previously denied bail due to failing to provide exceptional evidence to warrant bail for the serious offense. Investigating Officer Sergeant Nkambule testified that releasing him would compromise witness and community safety.

The duo faces charges of murder, attempted murder, and defeating the ends of justice in connection with the mass shooting that occurred at Levisa Tavern in Pienaar on January 11, which claimed nine lives. Six victims died at the scene, while three others succumbed to their injuries in hospital.

Magistrate Musa Mabunda ruled that the state will provide the defense with necessary particulars to prepare for the bail application, and the pair will remain in custody until their next court date, June 3.

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