Supporters of Nicole Johnson outside the Western Cape High court.
Image: Henk Kruger / Independent Media
NICOLE Johnson's third bid at bail came to a halt at the Western Cape High Court on Monday over cellphone records.
The businesswoman and wife of alleged gang boss Ralph Stanfield 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.
Emotions ran high outside court as her supporters waved posters calling for Johnson to be granted bail, saying her children are waiting for her and that freedom would bring them hope.
Instead of arguing bail, the day turned into a legal showdown, with Johnson's 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, criticised the State for what she suggested was a last-minute change of tune.
Essa told the court she was shocked after the State suddenly claimed they had no issue handing over the records, despite being copied in emails for over a week requesting the same evidence.
According to the defence, the records are key to Johnson’s case, as they allegedly show calls she made on the morning linked to the stolen vehicle saga.
Johnson consulting with her legal team.
Image: Kim Swartz
They argue the State only focused on her calls to the vehicle tracking company, while ignoring other calls made to two complainants before that - something they believe could shift the narrative.
Judge Mas-udh Pangarker questioned why the issue can't be sorted out during pre-trial proceedings later this year.
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.
The court heard the records - now said to run close to 900 pages - will be handed to the defence, with the matter postponed to May 25.
Outside court, defence attorney Bruce Hendricks said the sudden appearance of such a large volume of documents raises serious questions.
“Once again it shows that these things are done to put the applicant on the back foot. We will be addressing that," Hendricks said.
Cape Times