Thulsie twins launch new bail bid after three years behind bars

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Terror-accused and Islamic State-linked twins Tony-Lee and Brandon-Lee Thulsie have launched a fresh bid for bail, after spending more than three years in jail awaiting trial. The South Gauteng High Court, Joburg, was due to hold their formal bail application hearing on Thursday, in a courtroom with heavily armed police. But the proceedings hit a snag and were postponed to March, after the lawyer for the accused, Annelene van den Heever, told Judge Maletsatsi Mahalelo the application was not ready to be heard. Van den Heever’s standpoint was that her legal team has not had a chance to draft and file a replying affidavit to the State’s reply papers. She said while the State was supplied with the founding affidavit in December, the prosecutors only served her legal team their response papers this week. The defence team needed to file another set of papers arguing points in the State’s affidavit, she said.

The State was opposing the bail application and served the Thulsies’ lawyers with a 266-page affidavit detailing its reasons. Van den Heever said her team needed a proper chance to reply to the State.

“The long and short is that this matter is not ready for hearing. It cannot proceed today,” she said. Van den Heever said the defence team had not even had a chance to talk to the accused about arguments to pursue.

“We simply haven’t had an opportunity to take instructions,” she said. “It would be reckless and negligent to file a supplementary affidavit without taking instructions. We should not be placed in a position where we’re not able to properly take instructions.”

Prosecutor Adele Barnard said the State was ready to proceed. She said the State prepared a 266-page affidavit stating why it was opposing bail.

They agreed to postpone the hearing.

The twins abandoned their bail bid in October 2016, and have been in jail since. Their trial has seen several false starts, as the State and defence lawyers slugged it out over evidence to be heard in the court.

The trial, which was expected to drag on for months, was due to start next week. The pair were arrested in July 2016 during raids in Newclare and Azaadville, west of Joburg, on evidence that they were linked to the jihadist group Islamic State and planned to bomb the US embassy and Jewish institutions in South Africa.

Police nabbed them after Tony-Lee allegedly discussed terrorist plans with an undercover US Federal Bureau of Investigation agent between May and June 2016.

Institutions they would target included the US embassy, the UK High Commission, the South Africa Zionist Federation, King David High School in Linksfield, Joburg and arms manufacturer, Denel.

Individuals the State alleged the twins would target included cartoonist Zapiro, Jews who fight in Israel and return to South Africa, Jewish South African investment banker Roy Topo and an unidentified gay imam.