The brigadier at Kimberley police station has refused a request to allow murder accused Advocate Celeste Nameka to remain in the station’s holding cells.
THE BRIGADIER at Kimberley police station has refused a request to allow murder accused Advocate Celeste Nameka to remain in the station’s holding cells.
Nameka and her father, Clive Ferris, are appearing at the Kimberley Magistrate’s Court this week for bail applications. They were arrested in connection with a shooting incident at Minerva Gardens on December 21, in which Charmaine Anthony was fatally shot and her son was injured.
The charges against the accused include murder, attempted murder, assault with intent to cause grievous bodily harm, and the discharge of a firearm.
The legal representative for the accused, Advocate Joy Mongala, previously advised the court that, as a legal practitioner, Nameka should be allowed to remain in the police station holding cells pending the outcome of her bail application.
The SAPS indicated that once an accused person has appeared in court, they must be transferred to a Correctional Services facility.
Mongala pointed out that Ferris did not know the two previous magistrates who had recused themselves for “reasons unknown”.
“The first magistrate before whom he appeared, continued to preside over his case after she had recused herself. The second magistrate, who also recused herself, indicated that she was his daughter’s colleague and had worked with her for several years. The appointment of a magistrate from outside insinuates that the case was discussed outside the corridors of the courtroom,” said Mongala.
He stated that his client was entitled to a fair hearing.
“My client’s constitutional right to appear before an impartial magistrate is being violated.”
Mongala further stated that Ferris was a former educator and was currently on pension.
He said Ferris suffered physical harm during the incident.
“He needs to undergo surgery for a dislocated shoulder and skull fracture as soon as he is released from detention.”
He added that Ferris should have returned to the hospital after appearing in court on January 3 instead of a correctional facility.
“He was admitted at Careline Clinic, where he is undergoing treatment after he was discharged from Lenmed Hospital because of the injuries he sustained.”
Mongala added that Nameka intended to plead not guilty to the charges.
“The State’s case against her is weak and she will be acquitted after presenting evidence.”
He pointed out that Nameka was aggrieved over the “prosecutorial discretion” of the first State prosecutor.
He said that her incarceration was causing reputational harm to both her and her legal career.
“Nameka has over 43 clients whom she must represent in court and her detention is impeding the administration of justice.”
Mongala further motivated that Nameka should be released on bail as she had a duty to take care of her nine-year-old child.
“She is a single mother and needs to return to work so that she can take care of her son and her medical bills. She suffers from lupus and is in constant pain and discomfort. Her condition is incurable.”
The case continues on January 15.