A Durban lawyer accused of smuggling dagga to an accused in the holding cells of the Pinetown Magistrate’s Court, has been released on bail.

The attorney, 47-year-old Jabulani Thusi, was arrested on Wednesday and appeared in court on Thursday, reports News24.

He applied for Legal Aid and the case was postponed to Friday to give officials an opportunity to assess whether he qualified for the free legal representation.

On Friday, however, private attorney Linda Hadebe arrived to represent him, and he applied for bail.

Prosecutor Mbalenhle Dlamini said Thusi had been caught smuggling 322 grams of dagga to an accused in the holding cells.

Dlamini said: ‘Direct evidence that the state has linking the accused to the offence is an eyewitness, and there is also video footage. He was arrested on the spot.’

She added that the state was not opposed to Thusi’s release on bail because he was not a flight risk and did not have any travel documents.

However, she pointed out that witnesses in the matter were known to Thusi because they worked in the same building.

‘If granted bail, he should not interfere with the witnesses as he is very familiar with them and he is not to attempt to influence them.’

Dlamini added that Thusi had previous convictions for assault GBH and drunk driving.

Thusi’s lawyer, Hadebe, told the court that his client, a father of five, depended on his income from his practice to provide for his children, according to News24. He added that Thusi could afford R1 500 bail, but Magistrate T Nsele asked him to take further instructions on the amount.

‘This is a serious offence allegedly committed by someone who is entrusted with the law. R1 500 is not enough security,’ Nsele said.

Hadebe eventually said he could pay R2 000 bail.

Nsele then granted Thusi’s bail application, and the case was postponed to 29 September for further investigation.

Full News24 report