By Johnathan Paoli
National Coloured Congress leader and MP Fadiel Adams has been granted R10,000 bail, with the Pinetown Magistrate’s Court finding that the state had failed to sufficiently prove that he should remain behind bars pending trial.
Delivering her judgment on Friday, Magistrate Gwendolyn Robinson said the court was ultimately satisfied that Adams was entitled to being released, despite the state’s vehement opposition to his application.
“Ultimately, when considering bail, the overall question to be adjudicated upon is whether or not the applicant would stand trial. In considering the evidence placed before me, I am then satisfied that you are a suitable candidate to be released on bail,” Robinson ruled.
The NCC leader was granted a bail of R10,00 and the matter was postponed to 14 August.
Adams was arrested at the Parliamentary Village in Cape Town, by the Political Killings Task Team (PKTT) last week before being transferred to KwaZulu-Natal.
He faces three counts of fraud and two counts of defeating or obstructing the administration of justice.
The state alleges that Adams interfered in investigations linked to the murder of former Sindiso Magaqa and other matters, following his interviews of Magaqa murder-convicted Sibusiso Ncengwa and former SAPS Sergeant Bonginkosi Dlamini.
In a lengthy ruling, Robinson outlined the legal framework governing bail applications and repeatedly stressed that the court had to balance individual liberty with the interests of justice.
“This bail application is a Schedule 1 bail application. The state has opposed the release of Mr Adams and in deciding whether or not Mr Adams is a suitable candidate to be released on bail, the court must consider what is in the interest of justice,” she said.
Robinson said the state’s primary arguments were that Adams posed a flight risk, could interfere with witnesses and had shown disregard for the criminal justice system.
Addressing the allegation that Adams attempted to evade arrest after learning about a warrant issued against him, Robinson said the state had argued that he engaged in a “cat and mouse game of catch me if you can” by moving between different addresses.
“The state alleges that his actions after becoming aware of the warrant of arrest was, ‘catch me if you can’, and yes, the video clips played do indicate that prior to the 4th of May, Mr Adams was aware that there was a warrant of arrest out for him,” she said.
However, Robinson said the issue could not be viewed in isolation and had to be weighed against Adams’ personal circumstances.
“What is clear in summarising all the evidence and in deciding whether or not you, Mr Adams, are a flight risk, whether or not you would evade your trial, I have to consider your personal circumstances and weigh that against the interest of justice,” she said.
“As I have said, your evidence indicates that you are a family man, you have ties to South Africa, you have means to travel to your place of trial should this proceed to trial. You also, at this point in time, hold a position in Parliament and that cannot be ignored,” she added.
Robinson noted that Adams had maintained he was attempting to verify whether the warrant for his arrest was legitimate.
She also dealt with allegations that Adams attempted to interfere with witnesses after allegedly contacting a police witness several times before his arrest.
“It is apparent that you are aware of the identity of that witness. It is not disputed. You also have the ability to gain or rather the ability to access that witness,” Robinson said.
However, she concluded that strict bail conditions could sufficiently mitigate those concerns.
“Rather than refusing bail in certain circumstances, the court should rather consider suitable bail conditions in an attempt to safeguard the safety of the witnesses,” she said, referring to previous court judgments,” Robinson said.
She also criticised Adams’ conduct toward the justice system but said there were mechanisms available to address any future misconduct.
“What is clear in summarising that evidence, the applicant, as was submitted by his counsel, chooses to play by his own rules. His contemptuous behaviour or attitude cannot be ignored,” the magistrate said.
As part of his bail conditions, Adams is prohibited from communicating with state witnesses, including members of the SAPS, Durban Metro Police, correctional services employees and members of the PKTT.
Robinson ended the proceedings with a stern warning to the MP.
“Lastly, I implore you to please respect the criminal justice system as the criminal justice system has respected you,” she said.
INSIDE POLITICS
