Two men charged with the murder of Chivago Leigh Fillies (31), were granted bail following their appearance in the Mossel Bay Magistrate's Court on Thursday, 4 July.
Jemandry Braaff (20) and Ushere Apdol (19) were both granted bail of R2 000 each.
They will appear in court again on Monday, 8 July, for the bail application for the third accused in the matter, Aubrey-Junior Nickleo Mentoor (19).
The courtroom was filled with members of the Extension 13 community as well as family and friends of both Fillies and the accused.
Fillies was attacked in the early hours of Saturday, 29 June. He died from his injuries in hospital on Sunday, 30 June.
In a statement to Mossel Bay Advertiser, a police spokesperson, Captain FC van Wyk, noted the three were arrested on Sunday and charged with murder.
Chivago Fillies. Photo: Supplied
Investigating officer testifies
Warrant Officer Adéle Malherbe testified at the bail application yesterday. She told the court how, according to witnesses, Fillies had been with a group of friends, walking back from a local club. Braaff and Mentoor were with the group.
Malherbe said that according to witness statements she had obtained, Braaff had allegedly started beating Fillies during the walk home.
The fight was broken up when Braaff was hit over the head with a golf club, allegedly by someone in the group.
Malherbe said Mentoor helped Braaff back to his home in Mountain View, where they met with Apdol and another suspect, who is unknown at this stage. Malherbe said the accused gathered weapons and went back and found Fillies and his friends. The friends fled and Fillies was attacked just after he helped a friend jump over a wall to escape.
Chivago Fillies' brother Fergus and a member of the community, Zelda Beukes. Photo: Chelsea Pieterse
Malherbe testified that Braaff allegedly hit Fillies over the head several times with a wooden pole. The other accused and the unknown suspect allegedly kicked and hit him. The fourth suspect is being traced. Malherbe said she was opposed to the accused getting bail.
"It was a very brutal attack and murder. Fillies didn't even do anything to them to make them attack him. He was literally beaten to death," said Malherbe.
"When accused two (Braaff) was beaten with a golf club, he made the decision to get his friends and go back...If he had gone to the police, or called an ambulance, or opened a case, we would not be here today," she said.
Malherbe added that there was a petition by the Fillies family and Extension 13 community opposing the accused's bail. She said the petition had 300 signatures.
Malherbe said she opposed bail because, according to her, the accused were a threat to the community and the witnesses in the case. She added that the friends of Fillies were emotional and angry about Chivago's death and she was afraid if they met the accused while out somewhere, there would be a fight.
She added that the investigation of the case would possibly take a long time. Malherbe noted that the fourth suspect must be arrested, photos and exhibits to go through by police, more statements had to be taken and the Local Criminal Record Centre still had to conduct testing of evidence.
Chivago's sister, Michaela Fillies. Photo: Chelsea Pieterse
Braaff's defence
Braaff's attorney said that it was in the interest of justice that Braaff receive bail. He said it was his instructions that Braaff was attacked by members of the group with a golf club, a wooden pole and a knife and sustained injuries.
He said Braaff passed out at Mountain View and he was taken to hospital. Malherbe said she could not confirm that.
Braaff's attorney said Braaff had no previous convictions, no pending matters against him, and no warrants of arrest against him.
He said Braaff runs his own business, which he set up after he matriculated. He said Braaff supports his mother and sister, who is five months' pregnant. He said he should not remain locked up without good reason and that he would be willing to keep to any conditions given by the court, should bail be granted.
Apdol's defence
Apdol's attorney said Apdol lives with his grandmother in Mountain View. He is employed as a "woodmaker", the attorney said, and added that Apdol supports himself and his grandmother.
Apdol does not have any previous convictions, no pending matters against him or warrants for his arrest.
According to the attorney, the state does not have a strong murder case against Apdol, but he said it was early in the investigation. He noted that this was a bail application and not a trial.
The attorney opposed the statement that Apdol was a threat to witnesses and said Apdol had not made any threats against witnesses. Malherbe confirmed that as the docket stands, there was nothing to confirm Apdol had made threats against any witnesses.
The magistrate
The magistrate, Zuastrid Deyce, granting bail of R2 000 each to Apdol and Braaff, said the accused were presumed innocent until proven guilty by the trial court.
She said that as the docket stands, there is nothing mentioned by any state witness as to threats being made directly to them.
She also noted the accused have no previous convictions and no outstanding matters or warrants of arrest. The magistrate said the court agrees there was a brutal murder and that the matter will be tried in the regional court. She also noted that the investigation is still in the beginning phase and that the court must make a decision if the accused must be incarcerated until it is finalised.
Deyce said the court must look at everything before making a decision. She said the conditions are that no contact is made with any of the witnesses and that no contact is made with the deceased's family.
A tribute to Fillies
Fillies' sister, Michaela Fielies, Chivago's sister, said her brother was gentle in nature and wouldn't hurt a fly.
"He made everything fun in the house. He was a people's person. He was a brother and a friend to many people in the community. He was someone people could lean on. He was well-loved and
well-known in the community," she said.
Michaela said he was very close to some of their neighbours.
"He was like a son to them and to their daughter, he was like a brother. He was someone you could rely on."
Fillies' older brother, Fergus, said that he and his other sister, Cheneill, had been organising a get-together with Chivago in the coming weeks. "We were all going to meet up and reconnect, but now that isn't going to happen," he said.
"Everyone liked him. He wouldn't harm anyone and that is why there is so much support from the community," he said.
Fergus said a funeral will be held for Chivago today, Saturday, 6 July, at Holy Nativity Church in Mossel Bay.
Fergus said family, friends and members of the community are all welcome to attend and remember Chivago.
Friends of Chivago, Chrishe Gelderblom and Donay Jordaan, said he liked to be called Casandra. They both said he was always friendly, always laughing and liked to help people. They said he was like a brother to them.
Family of the accused
Mentoor's grandmother, Petronella Moolman, said she had raised her grandson since he was little because his mother had passed away. She said she never knew him to be a naughty child because he was raised well.
"It's just that he got in with the wrong friends."
She said he is employed and that he might lose his job if he remains in custody too long. She added that if he gets bail, she will make sure he goes to work and comes straight back home. Moolman said she was still in shock regarding the incident.
Calvin Thomas, the husband of Apdol's aunt, said the community as a whole is traumatised. He said community members want justice to be served and whoever is guilty must be honest.
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