The bail application of Fadwaan Murphy, one of Cape Town’s notorious drug kingpins, was denied on Monday, Cape {town} Etc reports.
Also read: Drug kingpin Fadwaan Murphy threatens journalist in court
Fadwaan ‘Vet’ Murphy is serving an 18-year sentence for dealing in drugs and money laundering. In his appeal, Murphy stated that he would not be a danger to the public.
However, the Western Cape High Court heard that it was ‘highly likely’ that he would continue to operate his drug enterprise if he were to be released.
Between July 2013 and September 2015, Murphy and his ex-wife operated a tik-packaging business dealing in methamphetamine (tik). His sister, Glenda Bird was also reportedly involved. Bird passed away due to cancer in December 2019.
Murphy’s enterprise operated within the districts of Mitchells Plain, Wynberg, Cape Town, Strand, Worcester and Caledon. When police raided his packaging house in September 2015, they seized 9kg of tik and found R1/9 million in cash.
Murphy was fined R2 million.
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Last July, he was convicted of drug dealing, money laundering, managing a racketeering enterprise and receiving property derived from racketeering. His assets, worth nearly R5 million (including three properties and 14 vehicles all obtained with criminal proceeds) were seized by the Asset Forfeiture Unit.
On 19 January 2024, he was sentenced to 18 years direct imprisonment. His application for leave against his conviction and sentence was denied on 12 February 2024.
After this, Murphy successfully petitioned the Supreme Court of Appeal (SCA) for leave to appeal, after which he sought bail pending the hearing of his appeal by a full Western Cape High Court bench.
Shafieka Murphy was sentenced to 15 years’ imprisonment.
In his affidavit in support of his application for bail pending his appeal, Murphy relied heavily on the fact that he was granted permission to appeal, believing that his chances of success were high.
As reported by Daily Maverick, he argued that it was unlikely that his appeal would be heard before 2026, which would mean that he would spend another two to three years before his appeal was even considered.
He submitted the following arguments:
- He claimed that his past behaviour indicated he was not likely to pose a threat to public safety or engage in Schedule 1 offences;
- With his trial done, there was no chance he would meddle with witnesses;
- He had no intention of running away; was released on bail after his arrest in 2016, and at the time the State did not think he posed a flight risk;
He still believed he would win his case on appeal. He asserted that any chance of escape was eliminated by his steadfast conviction and faith that he would be found not guilty on appeal; - His sole goal in requesting his release was to be reunited with his close family, which consisted of his wife and children.
He added that he was in poor health and suffered from several chronic conditions. He also claimed that he had not consistently been given his prescribed medication in prison.
Furthermore, he claimed the State froze all of his assets and that he had not worked for over a year due to being incarcerated, ‘while my wife (Aneeka) earns variable amounts in conducting her modest home industry, such is barely enough to cater for everyday household expenses including school, medical and transport needs,’ he said.
He also stated that the court proceedings were ‘ruinously expensive’, exhausting him financially. Yet, he hopes to raise an amount with the help of his family to ensure that he serves his sentence should his appeal be successful.
As the basis for her counterarguments, senior state advocate Aradhana Heeranum used Colonel Johan Smit’s answering affidavit. Smit is the investigating officer in Grassy Park who worked on CAS 416/09/2015, the case which relates to the offences with which Murphy was charged and convicted.
Smit’s affidavit was accompanied by an affidavit from Deidre Martin, the operations manager at Drakenstein Prison Maximum’s Healthcare Department.
According to Martin, Murphy received daily medical treatments and his medication was regularly administered. She stated that he was not telling the truth if he claimed otherwise.
Smit disputed Murphy’s claim that his wife was struggling to make ends meet. An investigation revealed that Mrs Murphy financed four vehicles totalling more than R3.5 million on 23 August 2021, 9 February 2023, 14 March 2023, and 31 March 2023.
It was also revealed that several companies were registered in her name.
In addition, Smith told the court that Murphy’s territory, known as ‘the Island’ is located directly opposite his wife’s house in Turksvy, Lentegeur, and that Murphy still had ties to his former gang, the Dixie Boys.
‘The investigation revealed that drug dealing has continued since Murphy’s incarceration. The Fancy Boys gang has taken over this area,’ Smit stated.
‘According to informants, Murphy and the Fancy Boys’ leader have reached an agreement. The former Dixie Boys, who sold drugs on the island, have become Fancy Boys and continue to do so. It is understood that Murphy received monetary compensation for this arrangement. According to sources, Murphy’s wife now runs this ‘business’ while he is incarcerated.’
He added that there was a strong likelihood that Murphy’s release could spark a gang war in the area. ‘The Western Cape as a whole, but more especially, Mitchells Plain, is notorious for gang wars and the fight for drug turf. This most often leads to violence and, inevitably, the loss of life.’
Acting Judge Davis reiterated that Murphy’s release would endanger public safety or that he would commit a Schedule 1 offence. ‘To my mind, the evidence at the trial showed that Murphy had a propensity to deal in drugs on an ongoing basis, drug dealing being a very prevalent offence in the Mitchells Plain area. He also had a propensity to launder money.
‘While I accept that Murphy has no record of having committed any physically violent crime, to my mind dealing in tik is a crime which clearly endangers the safety of the public by virtue of the great potential for addiction, which wreaks havoc on the lives of those who become addicted to it, as well as their families.’
She added that Murphy had ‘a propensity to launder money’ and that he used his close corporation, Ulterior Trading Solution, to create the façade of a lawful business operation.
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Picture: Fadwaan Murphy / Facebook