The splurge started on September 18, the day the money was transferred into the trust account from the department of arts and culture.
"My client is a well-known person and he is 76 years old. He will never run away. He is not well and will not survive in jail. I ask the state to give him R5,000 bail."
The state opposed bail on the grounds that he was a flight risk because he did not have a verifiable physical address. Prosecutor France Mhlongo argued that Msomi left Joburg and went to Durban knowing that police were looking for him.Investigating officer Cons Nobuhle Sibiya testified that Msomi did not own any movable and immovable assets such as a car or house, according to their investigation.
"The address he provided - a house owned by his son - will no longer be available for him since the son wants nothing to do with him."The security guard where Msomi stayed, in Illovo, told me that he instructed them to refuse police entry and never tell the police his whereabouts," said Sibiya. Mhlongo argued that Msomi had more to live for outside the country than locally. He explained that the fact of not receiving proper medication in jail should be weighed against other issues.
"There is nothing binding Msomi to stay in SA once he is out on bail ... looking at the magnitude of the case. Yes, we know he is old," said Mhlongo.Judge Phillips Venter withheld the decision pending a verification of Msomi's physical address by the state and submission of a proof of residence.
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