Cape Argus News

Nicole Johnson's bail application delayed by 'missing' evidence

Kim Swartz|Published

Johnson consulating with her legal team.

Image: Kim Swartz

Cape businesswoman Nicole Johnson arrived at the Western Cape High Court on Monday ready to push ahead with her latest bid for freedom, but instead got caught in a courtroom storm over “missing” cellphone records that brought proceedings to a grinding halt.

Outside court, emotions were running high as supporters waved posters calling for Johnson to be granted bail, saying her children are waiting for her and that freedom would bring them hope.

Johnson is facing serious charges under the Prevention of Organised Crime Act (POCA), including allegedly being part of a pattern of criminal activity, theft of a black BMW valued at more than R326 000, and fraud.

But instead of arguing for the bail, the day quickly turned into a legal showdown, with her defence team slamming the State for failing to hand over crucial cellphone records despite the matter being on the court roll since 2023.

Her advocate, Naseerah Essa, didn’t hold back, blasting the State for what she suggested was a last-minute change of tune.

Judge Mas-udh Pangarker questioned why the issue can't be sorted out during pre-trial proceedings later this year.

Advocate Naseerah Essa and attorney Bruce Hendricks.

Image: Kim Swartz

The State, however, insisted they believed the issue had already been resolved and maintained they had no problem providing the records.

They also pointed out that during Johnson’s previous bail application, their cross-examination focused on tracking company recordings not the cellphone records.

But the damage was done.

Outside court, emotions were running high as supporters waved posters calling for Johnson to be granted bail, saying her children are waiting for her and that freedom would bring them hope.

Image: Henk Kruger / Independent Media

The court heard the records now said to run close to a massive 900 pages will be handed to the defence, forcing the matter to be postponed to May 25.

Outside court, Johnson’s legal team made it clear they’re not letting the issue slide.

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