The Daily Dispatch E-Edition

Estranged husband of Mthatha doctor fights back during bail hearing

ZIYANDA ZWENI

That releasing her estranged husband on bail would endanger a Mthatha doctor was a figment of the investigating officer’s imagination, the accused’s counsel told the Mthatha magistrate ’ s court on Thursday.

Siphiwo Mngxali, 51, is applying for bail after handing himself to the police on March 8. He faces two counts of attempted murder, theft, and breach of a protection order held by his estranged wife, Dr Yolisa Siphambo-mngxali.

It is alleged that on February 26, Mngxali and an unnamed accomplice broke into a property that operates as a BNB in Fort Gale, Mthatha, and stole two television sets, a bar fridge, a microwave, a kettle and a toaster.

During the incident Mngxali was confronted by two people on the premises and allegedly opened fire. No one was injured. The court heard on Thursday that the property was jointly owned by the couple.

Detective Constable Wandile Tshaka was grilled by Mngxali’s defence team in a courtroom packed with Siphambo-mngxali’s supporters. She and the couple’s children were in the public gallery. Mngxali’s relatives were also present.

On Wednesday, opposing bail, Tshaka argued that releasing Mngxali would place witnesses and the doctor at risk.

However, when probed on Thursday by advocate Lusindiso Matotie, for Mngxali, about the risk he was referring to, Tshaka admitted he had not done a risk assessment.

He said Siphambo-mngxali was staying in a place of safety, but not one arranged by police. Asked by Matotie if he knew of Mngxali being abused by the doctor, Tshaka said he did not.

He had no knowledge of a warrant of arrest produced in court, issued against Siphambomngxali in East London, but stayed. He declined to comment when asked if his reasons for opposing bail — three protection orders taken out by Siphambo-mngxali and allegations that Mngxali had abused the doctor — formed part of an application before the Eastern Cape high court.

Matotie then asked the court to note Tshaka was refusing to answer questions put to him.

Tshaka said his investigation into allegations against Mngxali was “nearing the end”.

Outstanding evidence included video footage, which would be shown in court but was still at the local criminal records centre. Probed further by Matotie, Tshaka said he had not yet received reports on fingerprints taken from empty cartridges found in the yard of the BNB.

Matotie put it to Tshaka that the risk he was referring to was a figment of his imagination.

“I put it to you your opposition to bail is an attempt for you to relax on what is supposed to be your responsibility to protect her [the doctor],” Matotie said.

Tshaka did not agree.

The officer also ducked questions on letters opposing Mngxali’s release sent by the ANC Women ’ s League and Women Inspired Solution Empowerment which were admitted in court on Wednesday.

The bail hearing is set to continue on Monday.

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2023-03-24T07:00:00.0000000Z

2023-03-24T07:00:00.0000000Z

https://dispatch.pressreader.com/article/281548000139138

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