By Johnathan Paoli
Ekurhuleni Metro Police Department (EMPD) officer Adrian Mackenzie and former EMPD officer Kersha-Leigh Stols have been granted R5,000 bail each, while fellow accused and Titen Security Services CEO Etienne van der Walt walked free, in the alleged R14.9 million precious stones robbery case.
Appearing in the Johannesburg Magistrate’s court on Thursday, proceedings began with all charges against van der Walt being officially withdrawn after representations were made to the Director of Public Prosecutions.
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Van der Walt’s mother, Sanet du Toit, speaking after the ruling, said the family had always believed he was innocent.
“We have known all this time that Etienne was innocent, unfortunately we have all had to go through this ordeal of having to wait this out until it was excused publicly,” she said.
Van der Walt’s attorney, Peter Jay, said his client had suffered substantial financial losses because of the prosecution and was considering civil action.
“He has sustained tremendous financial losses and has indeed been prejudiced with regard to that,” Jay said.
When asked whether Van der Walt intended to sue the State, Jay responded that he was still awaiting instructions, but it “will probably happen indeed”.
Meanwhile, Stols and Mackenzie continued with the charges of robbery with aggravating circumstances and fraud following an alleged unlawful raid on a Killarney property in 2023, where precious stones worth nearly R15 million were seized.
In granting bail, the magistrate found there were no grounds to keep the accused in custody.
The court took into account that both men handed themselves over to police after being summoned, had fixed addresses, had not attempted to evade the investigation since 2023, and that the State did not oppose their release.
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As part of their bail conditions, Mackenzie and Stols may not contact or intimidate witnesses, must surrender their passports where applicable and report to their respective police stations every Monday. The case was postponed to 25 August for further investigation.
In their bail affidavits, both accused implicated suspended EMPD Deputy Chief Julius Mkhwanazi, claiming they acted on his instructions during the operation that led to the seizure of the stones.
According to the affidavits, Mkhwanazi instructed them to meet him at a Nando’s restaurant in Alberton, where he and a Johannesburg Metro Police Department officer, later identified before the Madlanga Commission of Inquiry as Witness K, told them that complainant Pieter Prinsloo was allegedly in unlawful possession of six boxes containing sugilite and manganese.
The accused said they believed they were conducting a legitimate law enforcement operation and intended handing the stones in as evidence.
“Witness K instructed accused 1 and I to place the boxes in her vehicle, the same which we attended to. Witness K told us she would take over the investigation from accused 1 and I, as the same fell under her jurisdiction as a JMPD official,” the affidavit stated.
The allegations are consistent with testimony previously heard by the Madlanga commission, where Witness K admitted she and Mkhwanazi had knowledge of the operation that investigators allege was carried out under the false pretence of a lawful police raid.
Mackenzie and Stols are expected to return to court on 25 August as the investigation continues.
