By Johnathan Paoli
National Coloured Congress (NCC) leader Fadiel Adams will remain under police custody until next Wednesday after the Pinetown Magistrate’s Court postponed his bail application to allow the state time to prepare its opposition to his release.
Presiding over the Pinetown Magistrate’s court on Thursday, Magistrate Wendalynn Robinson ruled that further evidence needed to be investigated before the court could properly consider bail.
“I would be failing in my duty if I did not inquire into certain of those aspects but without hearing the full evidence by the State and the full evidence of the applicant it would not be in the interest of justice for me to enquire as to those things at this stage,” Robinson said.
Adams was arrested at his residence in the Parliamentary Village in Cape Town on Tuesday and transported to KZN to face two counts of defeating or obstructing the administration of justice and three counts of fraud linked to the murder investigation of former ANC Youth League secretary-general Sindiso Magaqa.
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Reading the charges into the record, Robinson said the state alleged Adams used his status as an MP to gain access to inmates at Westville Correctional Centre while presenting himself as being on official parliamentary duties.
The state further alleges that Adams visited accused Bonginkosi Dlamini and Sibusiso Ncengwa without authorisation from investigators, Parliament or the inmates’ legal representatives, and recorded interviews with them inside the prison facility.
State prosecutor Zack Mata told the court the prosecution was opposing bail and needed additional time to gather material information relating to Adams’ conduct since a warrant for his arrest had been issued.
“The initial position for the state would have been to come before this court and request that he may be released on bail. However, the attitude of the prosecution has since changed. In fact, if the state were to come here and not oppose this bail application, it would be a dereliction of duty and irresponsible conduct, to say the least,” Mata said.
He argued that Adams’ public statements and media briefings raised concerns that he posed a flight risk and could interfere with witnesses.
“He openly said to the entire public that he is a fugitive. Well, a fugitive, a loose translation really would be somebody running from the law. If you want to find me, you can come and find me. You know what is this indicative of? He is saying, catch me if you can,” Mata said.
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The prosecutor further claimed the state had information suggesting interference with witnesses, and said authorities still needed to verify Adams’ addresses and obtain affidavits and evidence supporting its opposition to bail.
Defence attorney for Adams Bruce Hendricks fiercely opposed the postponement, arguing that Adams’ constitutional rights were being infringed.
“Postponements are not merely for the asking. Mr Adams has a right in terms of Section 35 of the Constitution of our Republic to apply for bail at the first reasonable opportunity, which I would respectfully submit is right now,” he said.
Hendricks accused the state of failing to justify why it was not ready to proceed despite allegedly investigating the matter for over a year.
“It would be an abortion of justice for this court to grant a postponement,” he said.
Hendricks rejected the state’s assertion that Adams was a fugitive, saying the NCC leader had approached the courts and police himself to establish whether a warrant for his arrest existed.
He highlighted safety concerns surrounding Adams’ detention, noting that police themselves had transported him secretly because of fears for his security.
“Surely, Mr Adams, the applicant’s right to life, the right to safety, overrides this request by the State for a postponement,” Hendricks said.
He told the court Adams was prepared to surrender his passport, comply with reporting conditions and pay bail immediately, saying Adams has R5,000 on hand.
But Magistrate Robinson ultimately granted the postponement application, saying the state required an opportunity to properly ventilate the issues before court.
The magistrate initially suggested an earlier hearing date, but eventually postponed the matter to May 13 due to court scheduling pressures.
Adams will remain in custody at an undisclosed location for security reasons.
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Robinson ordered that the location only be disclosed to the defence team and cautioned against making it public.
“Please, I implore you not to disclose your location to anybody where it might have an adverse interest or effect for you,” she said.
Before proceedings concluded, Hendricks informed the court that Adams required medical treatment and medication for an upcoming shoulder operation.
Robinson ordered assistance, with Mata agreeing.
Adams is expected back on Wednesday next week to commence with his bail application.
