Judge Billy Mothle dismissed all the evidence collected during the undercover operation.(SABC)

The High Court in Pretoria has granted an application to discharge five men accused of planning a coup in the Democratic Republic of Congo (DRC).

The men were found not guilty to loud applause from the public gallery. James Khazongu, Lenula Mosekini, Jeff Kilele, Shadreck Kilele and Etienne Kabila were found not guilty on charges of foreign military assistance and conspiracy to commit murder.

Judge Billy Mothle dismissed all the evidence the state gathered during their undercover operation, saying the undercover agents made the accused implicate themselves.

Judge Mothle also found that the police acted on information from an informant and initiated contact with the group saying ‘they have a donor that could sponsor a coup in the DRC’.

He ruled that the police always initiated contact, took the men to a desolate game farm where they could not escape if they wanted to, insisted on a needs list, containing weapons, when the group only wanted money, and kept them interested by raising the amount of money from the donor from $30 000  to  $400 000.

“In this particular the money was increased beyond that which was requested by the accused and therefore in terms of section 252 A. It went beyond the creating an opportunity to for the accused to commit a crime.”

Mothle dismissed all the evidence collected during the undercover operation. “It is clear that at this stage of the proceedings there is no evidence on which a reasonable person can convict. The application in terms of section 174 is therefore granted and the accused are found not guilty of all the charges.”

Last year Judge Mothle dismissed the charges against 15 men who were also charged with foreign military assistance on the same basis

The judge found that the undercover agents contacted Shardack Kilele saying they have a donor that will fund a coup in the DRC. Kilele contacted his friend and co-accused, Etienne Kabila. When the police insisted on a need list, Kabila distanced himself from the plans but Kilele saw an opportunity to make a lot of money.

“Accused number 4 throughout his email with Jansen repeatedly asked for funds consistent with his version that he was involved in a ruse to hustle money out of Jansen and Bressler.”

Kilele says he has a new appreciation for South Africa’s justice system and that he learned his lesson.

“What I was doing was just for money. It was not for the purpose that all the world heard that I want to overthrow the DRC government. It was just for money because I thought that white people want to give me money for nothing. I didn’t think I will end up in jail. I learned my lesson…”

Thisigan Pillay, attorney for four of the five men, says they never doubted the judge will rule in their favour. “We feel vindicated today. What is important and what we must not lose sight of is that the judge was extremely critical of the conduct of the police in this matter and the investigators in this matter.

“The judge was of the view that the police and the state apparatus was used to encourage other people to conduct acts of criminality which I believe is totally reprehensible,” Pillay.

Last year Judge Mothle dismissed the charges against 15 men who were also charged with foreign military assistance on the same basis. The men believed they were being trained as anti-rhino-poaching security guards when they were arrested.

Placide KayitareAFRICADEMOCRACY & FREEDOMSHUMAN RIGHTSJUSTICE AND RECONCILIATIONLATEST NEWSJudge Billy Mothle dismissed all the evidence collected during the undercover operation.(SABC) The High Court in Pretoria has granted an application to discharge five men accused of planning a coup in the Democratic Republic of Congo (DRC). The men were found not guilty to loud applause from the public gallery. James...PUBLISHING YOUR NEWS WITH CUTTING EDGE STYLE