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The Verulam magistrate's court was under a smile after the bail of the eleven men accused of attacking a Shiite mosque and placing several explosive devices in public places across Durban.
Farhad Hoomer, Ahmed Haffejee, Mohamad Akbar, Iddy Omari, Mahammed Sobruin, Abubakar Ali, Ndikumana Shabani and Abbas Jooma were released on bail, 200,000 to 500 rand, while Seiph Mohamed, Thabit Mwenda and Amani Mayani were released on Warning.
Part of their bail conditions are that they do not leave KwaZulu-Natal if they do not inform the investigator. They were to return to court on February 22, 2019, while investigations continued.
The audience room was packed as the two men appeared before Judge Irfan Khalil, who rendered his judgment one day.
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Khalil has often pointed out that many of the defendants were in custody for simply occupying the places where the first arrests were made 53 days ago.
He stated that the evidence before him could not directly connect the accused with the links to terrorism.
Khalil said that the first defendant and businessman, Hoomer, could not be specifically linked to bombings or installation of devices.
"The evidence simply does not prove that he is being denied bail."
Abduction victim unable to identify the abductor
A Hyundai Getz and a VW Polo Vivo white, allegedly used during the attack on the mosque and the laying of an explosive device in a Woolworths store at Gateway in Umhlanga, were registered in the name of hoomer.
He had already been identified as the "group leader" by the investigating officer Benedict Chonco.
Khalil said that it was also problematic that a victim of kidnapping – which was found in a house owned by Hoomer – could not accurately identify their abductor.
"The victim identified the non-accused at an identification parade."
Khalil said the investigations are likely to be completed by mid-2019 or early 2020, and the trial is expected to be completed by 2021.
During their arrest, the two men were found in possession of an ISIS news bulletin and a manual on bomb manufacturing and carrying out murders, said the court. .
The defendants come from South Africa, Burundi, the Democratic Republic of Congo and Tanzania, was also heard by the court.
They face 14 charges, including murder, attempted murder, arson, extortion and violation of the Pocdatara (Protection of Constitutional Democracy Against Terrorism and related activities).
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