No evidence of Brown Mogotsi’s alleged court escape plan, Correctional Services probe finds

Correctional Services investigators found no tangible evidence in security records supporting an alleged plan by Brown Mogotsi to escape from court disguised as a prison official, the department has confirmed.

The finding follows an investigation into claims that Mogotsi intended to walk out of the Johannesburg Magistrate’s Court holding cells wearing a correctional services uniform on August 20.

**Investigation concluded **

Correctional Services spokesperson Singabakho Nxumalo confirmed to Sunday World on Saturday that the investigation had ended.

“The investigation was conducted and completed on the escape allegations,” Nxumalo said.

“All security records were examined and nothing tangible was detected.”

He added: “No evidence [was] found on how inmate Brown Mogotsi intended to obtain the official’s uniform.”

His confirmation raises fresh questions about the evidence behind a dramatic allegation the state introduced while opposing Mogotsi’s fourth bail application.

On August 25, investigating officer Lt-Col Alfred Odendaal placed the alleged escape plot before the Johannesburg Magistrate’s Court through an affidavit.

Odendaal said Col David Masenya from the Johannesburg Correctional Services Centre called him at 7.29am on August 20, warning that Mogotsi planned to escape that day.

The alleged plan involved Mogostsi wearing an official uniform and walking out of the court cells unnoticed.

Court appearance

Police arranged surveillance, alerted escorting officials and placed Mogotsi in leg irons before his appearance.

Mogotsi rejected the accusation when he testified on September 1.

“I have never attempted [an escape], your worship,” he told the court. His lawyers had earlier questioned the absence of supporting material.

On October 23, Mogotsi’s affidavit returned to the allegation.

“The state in the most recent bail application brought allegations that there is a suspicion of a planned escape,” he said.

“No uniform was found.”

He also disputed appearing in footage connected to the claim.

Bail application

On September 22, magistrate Anneline Tlhapi refused Mogotsi’s latest bail application, citing concerns about the addresses he had supplied and the risk that he might evade trial.

She also considered the reported escape threat.

“The court cannot ignore or overlook information relating to a possible risk of escape,” Tlhapi said.

“Though it has not materialised, it remains a possibility that must be taken into consideration.”

The ruling did not amount to a finding that Mogotsi had carried out an attempted escape.

Tlhapi could consider a possible flight risk when assessing bail without finding that Mogotsi had obtained a uniform or recruited accomplices.

Nxumalo’s response does not establish whether investigators interviewed Masenya or traced the origin of his warning.

Mogotsi’s latest court application challenges the withholding of witness identities and other evidence needed to prepare his defence. In an affidavit read into the record on October 23, Mogotsi also revisited the escape allegation and said later interactions suggested that the information originated as a tip-off rather than an eyewitness account.

Mogotsi also revisited an earlier intimidation allegation.

“With further probing, it was established that these charges were not against me but my wife,” he told the court.

He claimed the complaint was considered non-prosecutable. The latest hearing did not test that account.

“I cannot properly prepare for my defence while material witnesses remain unidentified or insufficiently identified,” Mogotsi said, challenging the state’s withholding of witness details.

Case postponed

The state has not yet filed its substantive response to that application. The matter returns to court on November 13.

The prosecutor told the magistrate on October 23 that he had only just received Mogotsi’s affidavit and needed time to respond.

Nxumalo’s response leaves a precise question unresolved: what independent information, if any, supported the warning beyond the material that investigators later examined?

Mogotsi remains in custody facing charges including perjury, defeating the ends of justice and firearm offences arising from allegations that he staged a shooting at his own vehicle in Vosloorus last November.

He denies wrongdoing.