Gagash, wife seek to be released while facing dozens of charges

Defence counsel, Advocate Hlawu Maluleke, argues that the strength of the State’s case should not be used to keep the accused behind bars before trial, insisting that bail is intended to secure an accused person’s return to court, not serve as a form of pre-trial punishment.“The bottom line is, the main purpose of a bail application has been, and will always be, to ensure the reappearance of the accused in his subsequent trial, not the guilt or the innocence of the accused that needs to be pronounced on.

If at all the state alleges that it has a strong case, which is denied, even if that case might be strong, bail cannot be refused in anticipation that in future this party might be convicted,” adds Maluleke.