posted by www.equatorialguineaonline.com – April 14th, 2012
This was revealed when his bail application was heard at the High Court yesterday. Makhanya was arrested in connection with the theft of E2.9 million belonging to Equatorial Guinea Minister Teodorin Nguema Obiang Mangue who was the King’s guest during the reed dance ceremony in August 2011.
He was arrested on March 28, 2012 while at his rented flat at Mbhuleni.
Makhanya moved an application before the High Court that he desired to be released on bail.
He is represented by Mandla Mkhwanazi and Absalom Makhanya represented the Crown.
His bail application was opposed by the prosecution which then filed its opposing papers.
During the arguments on whether or not he should be admitted to bail, it was revealed that Makhanya was released in 2008 after serving a five year sentence for a charge of robbery. The Crown submitted that he was most likely to commit other offences considering that he committed the theft hardly three years after his release from custody.
In his bail application, Makhanya allegedly concealed that he was once convicted of robbery and had been serving a five year sentence. That is how he got to be charged with contravening Section 96 (14) (a) of the Criminal Procedure and Evidence Act of 1938. This section makes it mandatory for the accused to disclose his previous convictions on his first bail application. Makhanya allegedly approached the court with dirty hands.
Mkhwanazi submitted that the accused did not deny that he had been serving such a sentence. He submitted that he could not state it in his primary application as he signed it while he was on remand at the magistrates court and could not sufficiently read the contents thereof after his legal representative presented the application to him.
Judge Stanley Maphalala reserved judgment in the case.