Defence Says ‘Gagash’ and Wife Pose No Flight Risk as Bail Battle Reaches Closing Arguments
POLOKWANE – The defence representing Tshwane Metro Police Department Constable Peter “Gagash” Nonyane and his wife, attorney Charlotte Tibana, has urged the Polokwane Magistrate’s Court to release the couple on bail, arguing that neither poses a flight risk nor a threat to the ongoing Hawks investigation.
Defence attorney Hlawu Maluleke made the submissions on Thursday as closing arguments continued in the couple’s bail application.
Maluleke argued that there was no compelling basis to conclude that Nonyane or Tibana would evade trial if released from custody.
The defence further submitted that the couple would not interfere with the Hawks investigation, influence or intimidate State witnesses, or tamper with evidence.
The arguments form part of an increasingly contested bail battle following evidence presented by Hawks investigators in opposition to the couple’s release.
The State has raised concerns about the seriousness of the allegations against the pair and has argued against bail.
Couple faces deceased-estate allegations
Tibana and Nonyane are facing multiple charges linked to allegations of fraud and money laundering involving deceased estates.
The State alleges that money belonging to estates was unlawfully diverted and that some of the proceeds were used for personal purposes, including the acquisition of luxury assets.
The allegations remain before the court and have not been proven at trial.
Nonyane and Tibana have maintained their innocence.
The defence has argued throughout the bail proceedings that appropriate conditions could be imposed to address concerns surrounding their release and that keeping the couple in custody is not required in the interests of justice.
Nonyane has previously gone as far as offering to provide his live WhatsApp location to the investigating officer and to wear an ankle-monitoring bracelet if the court considers such conditions necessary.
Defence pushes for release
During Thursday’s closing arguments, Maluleke focused on whether there was evidence showing that the accused would abscond or obstruct the administration of justice if released.
The defence maintains that the couple can stand trial while out on bail without compromising the investigation or the criminal justice process.
The State, however, is opposing their release and is expected to maintain its position as the bail proceedings move towards their conclusion.
The case has attracted significant public attention as the court weighs the competing arguments over whether Nonyane and Tibana should remain behind bars while awaiting trial.
The Polokwane Magistrate’s Court adjourned for a tea break on Thursday, with proceedings expected to resume shortly.
This is a developing story. MDNtv will continue to follow proceedings from the Polokwane Magistrate’s Court.
