The courtroom drama surrounding the case against Newcastle’s Community Policing Forum members—Ismaeel Dhalech, Ebrahim Adams, Mahomed Ashraf, and Yaseen Mohammed—intensified on Tuesday, 26 November 2024, as doubts were cast on the prosecution’s handling of the case.
As the matter continued in the Newcastle Magistrate Court, Dhalech, Ashraf, and Mohammed stood anxiously, awaiting developments in a case that would determine their futures.
Adams was absent, still hospitalised and unable to attend the proceedings. His absence added to the weight of the moment, as all eyes were on the unfolding trial that has already sparked public interest due to its serious nature—murder charges against the four men.
Presiding Officer Vernita Mundell, however, was resolute, her voice unwavering in her quest for justice. She made it clear that the case would proceed to the Regional Court in the new year, but the irregularities in the prosecution’s handling of the case raised concerns. Mundell pointed out that the Regional Court had not received the full information necessary for its review and that the defence team, which had repeatedly requested the case docket, was still being denied access to critical documents.
In previous reports by Newcastillian News, it was made clear that the prosecution had been granted additional time to finalise their evidence and respond to queries raised by the court. However, despite this time, the prosecution had failed to provide answers to Mundell’s pressing concerns, leaving her troubled by the lack of transparency.
Moreover, the prosecution contended that its investigations were complete, including video footage. Despite this, the defence team highlighted the persistent issue of not receiving the case docket, which they argued hindered their ability to properly prepare and provide a fair trial for the accused.
As the situation unfolded, Mundell pressed the prosecution on why witnesses, some of whom feared for their safety, were still able to comment on social media about the case when they were too scared to testify in court. She was blunt in her critique, asking, “Why witnesses who are afraid to provide testimony in court can comment on social media on news articles written about the case.”
The stakes were rising, and Mundell made it clear that if the defence team could present new facts or justifiable grounds, she would not hesitate to allow them to reapply for bail on behalf of Dhalech, Adams, and Mohammed. Ashraf’s bail would remain unaffected, but for the others, the question of bail was still very much alive.
The prosecution maintained that the case was now under the jurisdiction of the Regional Court, and they saw no need for another bail application. Furthermore, they insisted that the docket would be made available when the case moved forward, scheduled for trial on 20 February 2024. However, Mundell was resolute. She reminded the prosecution that it was within her power to not only call for another bail application on justifiable grounds, but she could also order that the prosecution team unveil their dockets and hand it over to the defence team, so they could prepare for the case.
The court was adjourned, giving the defence team an opportunity to reapply for bail, but only if they could present new facts or substantial reasons.
At the same time, the prosecution was tasked with providing the necessary documentation and a valid explanation for the delays in handing over the case files.
Outside the courtroom, the tension was palpable. Family members and community supporters of the accused gathered in groups, quietly discussing the proceedings and speculating on what might happen next. There was uncertainty, but also a sense of optimism as people wondered whether justice was finally on the horizon.
After the break, when the court reconvened, Mundell’s decision sent ripples through the room. She announced that she would allow the new bail application, provided the defence team presented substantial new facts. Additionally, she ordered that the prosecution hand over the case docket to the defence by the end of the business day. This move, designed to ensure fairness and transparency, was met with resistance from the prosecution, who wanted to contest the decision further. They requested to be heard again on Tuesday, 2 December 2024.
But Mundell, showing no sign of backing down, reiterated her stance and stated that she had a feeling the State had not been playing open cards and if she had decided to order them to unveil their docket, the only way to stop the decision would be to get an injunction.
When the decision was made public, family members and friends of the accused, who had spent hours waiting in tense silence, were now filled with a renewed sense of hope. The next phase of the case would determine whether the prosecution could meet the court’s demands, and whether Dhalech, Adams, and Mohammed would be granted bail.
As the case continues to unfold, the future remains uncertain. But one thing is clear: with Mundell at the helm, the prosecution and defence will face close scrutiny, and the accused will have every opportunity to ensure their rights are upheld.
What are your thoughts on this? Be sure to let us know in the comment section below.
Comments 7
Being denied the case docket is prejudice to the Defence team and accuse
In my opinion the defence team is not doing enough to push for the documents, if they had their clients best interest at heart they would push to get the docket. Financial gain for the defence team the longer the case is dragged out in court the more fees are charged.
As for the prosecution team, they also dragging this out for some unknown reason.
Many witnesses however no one is brave enough to come forward in court. For goodness sake the way the community is going on you would think The CPF own Newcastle and have hitman hiding away waiting for witnesses to come forward, these people aren’t the Mafia they normal everyday community members.
The fact that witnesses in this case are brave enough to comment on social media platforms shows that they are not scared of being victimized and thus the accused should be granted bail. Furthermore, new evidence being presented at this late stage should be inadmissible since the defence is not being given time to peruse it. It is evidently clear to the Newcastle community that the way in which the prosecution has handled this case is a miscarriage of justice. Family members of the accused have been put through enough. All are equal before the law and justice should be served however it seems that the accused in this case are vilified as though they are guilty instead of being innocent until proven guilty. This case has become a trial by media and the prosecution seems to be the puppeteer.
Where on social media, did the witnesses directly make comments ? Is the Magistrate trilling the case on social media? Can the reported shed light on this transparently by quoting what witnesses said ?
Ask the community wat is the current crime situation in nn now that the people that wer protecting the residents are locked up .the druglords are rejoicing at this injustice .the cpf members used to respond at any time of the day or night for our safety . 30 people wer there on the faithful night how do u establish who did what .very sad .
The crime stats as released by the Minister of SAPS and the crime reports on social crime reporting groups do not agree with your wild claims. Please provide statistics like the SAPS provided recently.
The CPF existed before this case and still exists to date. It still does Sterling work that the law allows it to do. You must be very confused.
Forget crime stats and all that .the fact is most people don’t report crime because they know it is a waste of time .who wants to go to court to testify wen some cases take over five years to finalize . This is the reality in south africa