Imanuwela David, Froliana Joseph, and Ndilinasho David Joseph, during their previous appearance at the Bela-Bela Magistrate’s Court on 17 November 2023.
Gallo Images/Beeld/Deaan Vivier
An application by the Phala Phala “burglars” to have the charges against them thrown out of court has been dismissed.
Magistrate Peter Manthatha delivered his ruling on Friday in the Modimolle Regional Court, following an application by Immanuwela David, Floriana Joseph and her brother, David Joseph, to have the charges against them dismissed.
They are accused of orchestrating and perpetrating the 9 February 2020 burglary at Phala Phala during which US dollars worth millions of rands were stolen. They face charges of conspiracy to commit housebreaking, housebreaking, and, in David’s case, money laundering.
Cellphone evidence showing extensive contact between David and Floriana on the night of the burglary was the critical evidence that swayed the court.
Manthatha held that they had failed to provide an explanation for the calls beyond denying that they related to the burglary.
He found the denial on its own was not enough.
“The court at this stage of the proceedings does not have to be convinced that the State has proven its case beyond reasonable doubt, only that a prima facie case has been made out,” he said.
The State has previously submitted that they have no direct evidence, such as fingerprints or video, but rely solely on circumstantial evidence.
Citing multiple precedents, Manthatha said that there was a likelihood that during the defence presenting its case, the accused could implicate each other.
He further dismissed arguments by David in relation to the money laundering charge. David told the court that the money he used to purchase millions of rands worth of vehicles in the weeks and months after the burglary was paid to him by a Namibian man he identified only as “Pedro”.
Manthatha found that while this explanation could be plausible, David had failed to explain the origin of the money he used to purchase properties, a car for his girlfriend, and diamond-studded teeth.
“[Floriana Joseph and David Jospeh] also have a case to answer,” he said in his ruling.
None of the accused showed any visible reaction to his ruling.
The matter was postponed to 25 and 26 May, and again to 2, 5 and 12 June for trial, at which stage it is expected that the defence will start presenting its case, including calling David and his co-accused to the witness box to testify.
