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Linda has been on multiple charges of murder arising out of the shootout involving two taxis in separate incidents, resulting in the deaths of the
Linda has been on multiple charges of murder arising out of the shootout involving two taxis in separate incidents, resulting in the deaths of the one taxi driver and six passengers and the wounding of 11 others- two of whom are in critical condition. The police believe the murders are related to a taxi war that has broken out as a result of the dispute between taxi operators belonging to rival association. Linda's uncle is an operator belonging to one of these associations and Linda works for him as a conductor over weekends. Linda's background circumstances are to the effect that he is 22 years old and lives with her mother and four siblings in Amalinda, East London. None of them are employed although his mother receives a pension of R500 per month. The two younger siblings are at school. Linda earns R100 over weekends working for his uncle as a taxi conductor. He is also working as a gardener two days a week for an elderly woman who she pays him R50 a day. He has been doing this for the past ten years - starting on weekends when he was at school and now working during the week since he has completed school. He has applied (and been accepted) to do LLB degree at University of Fort Hare. His study is due to commence in July 2021. The police are opposed to bail to Linda being released on bail on the basis that this is a very serious offence and further that the taxi violence is ongoing. Many of the suspects involved have not yet been arrested and there is fear of widespread intimidation of witnesses. It is also felt that all those involved should be removed from the society as their presence in the community is likely to provoke acts of revenge and further violence. Linda's version of events surrounding the murders is that he has been falsely implicated. He admits possession of a firearm but stated that this was given to him by his uncle for safekeeping. He was under the impression that it was licenced. 1) How will a magistrate give a judgement as to whether or not the accused will be released on bail, including the conditions upon which kinda will be released
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