The foreign nationals who were arrested for a multi-million illegal online gambling scam have pleaded with the High Court to grant them bail, citing harsh conditions at the Sidwashini Correctional Facility.
The applicants, led by Lucion King Romy and Jan Legaspi, argued that they were struggling to cope with the local weather, which they said was vastly different from the warm climate of the Philippines.
They claimed they were forced to sleep on mats on the floor, exposing them to health risks.
Through their lawyer Sifiso Jele, the applicants submitted that they were victims of circumstance, having blindly accepted employment at Xwin (Pty) Ltd.
They insisted that they had entered the kingdom legally with valid passports and permits and that any renewal issues were the responsibility of their employer.
They further argued that the Crown had failed to provide evidence linking each accused individually to the alleged offences, relying instead on the doctrine of common purpose.
The applicants denied being a flight risk, noting that several court decisions had previously granted bail to foreign nationals.
They proposed strict bail conditions, including daily reporting to police and surrendering travel documents.
Jele added that investigators already had custody of all electronic devices, meaning the applicants could not interfere with evidence.
They additionally complained about difficulties adapting to prison food.
“Due to difference in culture, the applicants are unable to stomach the food that is provided at Sidwashini Prison,” the court papers state.
However, Prosecutor Ngcebo Lukhele strongly opposed bail, arguing that the accused had no family or community ties locally and could easily abscond through informal border crossings.
He stressed that the kingdom lacked extradition treaties with some of the applicants’ countries of origin, making their return difficult if they fled.
The Crown also warned that the applicants could remotely access seized electronic devices, describing them as a ‘moving crime scene.’
Lukhele emphasised that the offences involved large sums of money and sophisticated technology, causing public outrage.
He added that the applicants’ entry permits were fraudulent and had expired, meaning they were in the country unlawfully.
“The large number of foreign nationals who entered the country illegally to conduct unlawful activities involving large sums of money totalling E540 000 using high technology gadgets against the international community has induced a sense of shock and outrage in the community,” the Crown argued.
Lukhele added that if the nationals were released on bail, they could commit further offences or evade trial through informal crossings to Mozambique and other neighbouring countries.
He further submitted that when released they were likely to commit an offence that falls under the second schedule and that they were in the country unlawfully.
