‘Junior Cisko Yakkies' gang members fail in bid for separate trial

Three alleged members of a notorious Cape gang have failed in their attempt to be tried separately from their co-accused.

2021-09-24 08:50:00 AM

Three alleged members of a notorious Cape gang have failed in their attempt to be tried separately from their co-accused.

Three alleged members of a notorious Cape gang have failed in their attempt to be tried separately from their co-accused.

As part of this criminal activity, the state alleges that they made themselves guilty of the robbery of vehicles and that ... [Williams, Smart and Naidoo] and the accused are members of the JCY, a criminal gang, who individually or collectively engaged in a ‘pattern of criminal gang activity’ as set out in the indictment.”

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Judge Robert Henney dismissed the application for separation of trials this month.“It is difficult to determine at this stage whether the joinder of the applicants together with the other accused in one trial would infringe upon the applicants’ right to a fair trial,” Henney said in the judgment.

“The right to a fair trial is not static and can be influenced by a variety of factors and circumstances peculiar to the criminal trial. At this stage, it would be difficult to conclude whether the joinder of the applicants would render the trial unfair.” headtopics.com

Henney said the “mere fact that the accused may be prejudiced is not sufficient grounds to order separation of trials, where it would be in the interest of justice in a case like this to have a joint trial. Especially in a case like this, when an accused would stand trial with members of the same gang he or she belongs to, and where they committed criminal acts in furtherance of the interests of the gang, which forms part of a pattern of criminal gang activity to which they contributed. I conclude for all reasons mentioned, that the joinder is not impermissible.”

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