Randburg Magistrate’s Court grants Stuart Scharnick bail despite state opposition
· Citizen
The Randburg Magistrate’s Court argued that expunged convictions and untested allegations could not count against Stuart Scharnick, as the court granted him R5 000 bail in his gun charges case.
In handing down judgment, the court said only one old theft-related conviction exists; his other records and uncharged allegations were disregarded, his firearms were licensed, and his multiple verified addresses showed no intent to evade.
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Court argued expunged convictions and untested allegations can’t count against Scharnick
The court ruled that the previous convictions mentioned by the state cannot be considered because they were expunged, meaning they no longer exist on the official record.
The magistrate said that while the SAPS 69 report reflected past convictions for theft and possession of stolen property between 2004 and 2012, the court noted that these were cleared via an expungement process.
“It does not exist anymore. There is no reason for me to take such as a previous conviction [into consideration] because it’s no longer a record,” she said.
Last year, KwaZulu-Natal police alleged that a South African Police Service (Saps) employee manipulated the criminal records system to hide Scharnick’s history of cases.
The court noted the state’s claim regarding wiped records but found no tangible evidence to hold Scharnick responsible for any official’s misconduct.
“For me, it’s something that has to be investigated further, and then if the accused will be charged, then he will be charged,” the court said.
Strict bail conditions
This follows the state’s opposition to the bail application. However, the court determined that Scharnick has satisfied the interest of justice and that strict bail conditions could effectively mitigate any potential risks.
The bail conditions are that the investigating officer should be notified if he relocates from Gauteng or travels outside South Africa.
The accused’s passport was also handed over to the investigating officer to monitor his movements.
Scharnick is facing charges for failing to notify the Registrar of Firearms of a change of address, illegally giving someone else access to his firearm, and storing a gun in a safe that doesn’t comply with the Firearms Control Act.
National Prosecuting Authority (NPA) spokesperson Magaboke Mohlatlole said the state also applied for the accused to report to Randburg Police Station once a week.
The court didn’t grant this condition, finding that Scharnick is not a flight risk.
‘Nothing wrong with being associated with people in high places’
Scharnick is an ally of suspended deputy national police commissioner Shadrack Sibiya and suspended MP and National Coloured Congress (NCC) leader Fadiel Adams.
The court declined to consider other allegations presented by the state, including allegations of car hijacking that did not result in formal charges, claims regarding involvement in a criminal syndicate, and assumptions that the accused might interfere with justice due to associations with high-ranking officials or members of parliament.
“There is nothing wrong with being associated with people in high places. Without facts, tangible facts before court, I cannot penalise the accused before this court for association with people at high places,” the magistrate said.
He was arrested dramatically last month at the Madlanga commission after Sowetan journalist Herman Moloi opened a case of intimidation against him.
Charges related to Firearms Control Act
Following his arrest, the Saps investigated alleged non-compliance with firearm registration and storage requirements prescribed by the Firearms Control Act.
Police officials allegedly attended Scharnick’s residential address in Douglasdale to inspect his firearms.
When they arrived, officers couldn’t find him and subsequently established that he had relocated without informing the Central Firearms Registry of his change of address, as required by law.
They later proceeded to Scharnick’s new address, which is owned by his partner. During the inspection, officers allegedly found that one of the accused’s firearms was not stored in a prescribed safe, contrary to the provisions of the Firearms Control Act.
The state challenged the accused’s provided addresses, suggesting they were false or merely forwarding addresses.
However, the court found that the addresses are verifiable, exist within South Africa and are associated with Scharnick through various legitimate means.
The court also noted that the accused had previously used these addresses when acting as a complainant in a fraud case, which undermines the state’s argument that he was being dishonest about his residence.
NPA notes courts decision
Mohlatlole reminded the public that bail proceedings are not a determination of guilt or innocence.
“The criminal case remains before the court, and the accused is presumed innocent until proven guilty in a court of law,” he said.
“The state will continue to prosecute the matter in accordance with the law and the evidence before the court.”