Court denies Brown Mogotsi’s latest application to be released on bail

The Johannesburg magistrate’s court on Tuesday dismissed yet another bail application brought by North West businessman Brown Mogotsi.

“This marks the third unsuccessful attempt by Mogotsi to secure his release, following the refusal of his initial bail application, the dismissal of a previous bail application based on alleged new facts and the dismissal of his appeal by the Gauteng division of the high court in Johannesburg,” National Prosecuting Authority spokesperson Magaboke Mohlatlole said.

Mogotsi faces multiple charges arising from an alleged staged shooting incident in Vosloorus last year.

The state alleges Mogotsi orchestrated the shooting of his own vehicle before making false statements to the police and providing false evidence under oath regarding the circumstances surrounding the incident.

He faces charges of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm, defeating or obstructing the administration of justice, and perjury.

“Senior state advocate Thami Mpekana opposed the application, arguing that Mogotsi had failed to place any genuine new facts before the court that would justify reconsideration of the previous bail decisions,” Mohlatlole said.

The state further submitted that Mogotsi’s alleged escape from lawful custody aggravated the circumstances against him and reinforced the state’s contention that he posed a significant flight risk.

In dismissing the application, the court found Mogotsi remained a flight risk. The court further held that he had failed to discharge the onus of satisfying the court that the interests of justice permitted his release on bail.

Mohlatlole said the court’s decision further affirmed that bail applications based on alleged new facts must meet the legal threshold before a court will reconsider an earlier ruling.

The matter was postponed to October 1 for the determination of a trial date.