Caiphus Nyoka murder: State says judge erred in allowing accused to leave SA to work in Iraq

JOHANNESBURG - Prosecutors in the murder case against four former apartheid police officers have accused the presiding judge of having an interest in favour of one of the accused.

The State is seeking leave to appeal a ruling that allows Pieter Stander to work in Iraq pending his murder trial.

Stander and three others are accused of murdering anti-apartheid activist, Caiphus Nyoka, in 1987, at his home in Daveyton.

The State wants to approach the Supreme Court of Appeal to challenge Stander’s R350,000 bail and the handing over of his passport which allows him to travel.

In the State's papers, while filing for leave to appeal, it pointed out how the lawyers for Stander expressed their desire to abandon their application but acting judge Gerhardus Botha ordered them not to.

The prosecutors argue that this shows that the court had outright interest in releasing Stander's passport.

They also argue that the acting judge erred in finding that Stander was not a flight risk and that his bail money would ensure his return to South Africa.

The State believes that Stander did not provide sufficient information about his personal and financial affairs both in and outside the country.

Stander, however, argued that he has a fiance of nine years who lives in South Africa.

It is unclear when arguments for leave to appeal will be heard.