A DURBAN student who claimed his relative provided guns, a vehicle and enticed him with drugs to participate in three armed robbery incidents on the same night with two other men, was denied bail this week.
Tyler Short, 24, claimed that Monica Dorkin, 20, was the mastermind behind the robberies that occurred on October 10, his birthday, where the victims were assaulted and robbed at gunpoint of their personal belongings.
Short, Dorkin, Caleb Adams and Riyead Randeree were all arrested on the same night when police shot at the vehicle they travelled in on Edwin Swales Drive, forcing them to stop.
They faced armed robbery related charges and the matter was handled at the Durban Magistrate’s Court.
Magistrate Scelo Zuma denied bail for Short, a law student, but set an amount of R2 000 for Dorkin’s release on bail.
At the previous court sitting, both Randeree and Adams opted to abandon their respective bids for bail.
However, Randeree, through his legal representative, indicated to the court that he intended to apply for bail.
That application will be heard when the matter reconvene’s in December.
This week’s proceedings began with Short’s representative, his father, attorney Clinton Short, leading evidence from the investigating officer Thegaraj Moodley.
Clinton Short had requested for Moodley’s appearance on the witness stand at last week’s sitting by raising that Dorkin’s cell phone was confiscated and it had text messages that would confirm her role as the mastermind in the crimes.
Moodley told the court that he did not have possession of the phone in question and would refer to the arresting officers about the matter.
It was indicated in the affidavit supporting Short’s application for bail that he preferred to be admitted to a lock-up drug facility rather than being released back into society.
He also said that he preferred to remain at the facility until his plea and sentencing negotiations with the State were finalised.
Attorney Short asked Moodley why he opposed bail for son but not Dorkin, and argued that it would be more appropriate for his client to be placed at the facility, considering his history with drugs.
Moodley reaffirmed that he was opposed to bail for Short and it was the court's decision on what would be best suited for him.
State Prosecutor Tyron Ramsamy also expressed their opposition to Short’s bail request.
Moodley said his investigations showed that none of the victims identified Dorkin as being at the different crime scenes. Therefore, he did not oppose bail for her.
When Short asked the policeman what “alibi” Dorkin forwarded in her defence, her attorney Viren Singh, raised an objection.
He said Short’s question was inappropriate as Dorkin made no mention about an alibi in her affidavit.
Magistrate Zuma asked Short to reconsider the phrasing of the question.
Singh refuted suggestions that his client had controlled Short, orchestrated the crimes and also read out her supplementary affidavit.
Short was presently out on bail in another matter, which was being handled at the Durban Magistrate’s Court, where he also faces charges related to armed robbery with a gun.
Singh questioned who propositioned and equipped Short in the previous matters because there was no inference that Dorkin was also the mastermind.
He told the court about statements he had from Dorkin’s pastor and a doctor, who spoke about her good conduct and personality.
The doctor mentioned that Dorkin was the caregiver of her bed-ridden relative and also cared for her own grandmother, who was related to Clinton Short.
Singh drew reference to Dorkin’s grandfather’s affidavit, which indicated that Tyler Short used his car without permission on October 10, as he did previously, which the grandfather reported to the police.
In handing his ruling, Magistrate Zuma did not accept Clinton Short’s submission that if his son remained in prison he could be exposed to drugs that might be available and a rehabilitation centre would be more appropriate.
Zuma said Tyler Short had breached his bail conditions in the matter that he was due to stand trial in.
The magistrate pointed out that he was also sent for a term of drug rehabilitation in that matter and upon his release he was supposed to be under house arrest, but breached that through his alleged involvement in the current matter.
Zuma stated that Dorkin had a prima facie case to answer for as she was found in the car with the others when police made the arrests.
However, he also acknowledged that she had no previous brushes with the law, was not a flight risk and he was cognisant of Moodley's stance in approving bail for her.