The Presiding Magistrate, Kempton Park Court: DENY BAIL TO ZHIWEI YE

Dear Sir

It is respectfully requested that the above Honourable court deny bail to ZHIWEI YE who was arrested on the 23rd November 2016 at OR Tambo International Airport in transit to Hong Kong with 18 rhino horns weighing approximately 43 kilograms.

These accused has the means and ability
to flee the country and as such we implore the court to deny them bail pending their trial.

In terms of Section 60 of the Criminal Procedures Act the state is required to consider the following with regard to
granting bail&colon

1. Whether or not there is a likelihood that the
accused, if released, would endanger the safety of the public or an individual,
or would commit a Schedule 1 offence,[71] the court takes the following into account&colon

• the degree of violence implicit in the charge;

• a threat of violence the accused may have made to any person;
• any resentment the accused is alleged to harbour towards any person;
• the accused's disposition towards violence as evidenced by his past conduct;
• the disposition of the accused to commit Schedule I offences, as evidenced by past conduct;
• the prevalence of a particular type of offence;
• any evidence that the accused has previously committed a Schedule 1 offence while out on bail; and
• any other factor.
  

2. Whether the nature or circumstances of the
offence are likely to induce a sense of shock or outrage in the community in which it was committed;

3. Whether his release would undermine or jeopardize public confidence in the criminal justice system;

4. Whether there is the likelihood that the accused will attempt to influence or intimidate witnesses, or conceal or destroy evidence 5. Whether the likelihood that the accused will attempt to evade trial if released

It is the undersigned petitioner’s belief that any one or more of the above are likely to exist should the accused be released on bail and respectfully request the above Honourable Court to deny bail accordingly.

Already this year more than 800 rhinos have been poached in South Africa and we, OSCAP, being a group of more than 18 000 members from both South Africa and also internationally would like to make the court aware of our
outrage at the ongoing poaching crisis.
All too often when alleged poachers are released on bail it has been found that they re‐offend and prolong the trial or in the case of foreign nationals they leave the country. We trust that when making a decision based on the facts that you will take our outrage and concern into consideration.