A senior bank manager, arrested on charges of drug dealing and the illegal possession of firearms and ammunition, has made a startling claim: that a police officer from the Anti-Gang Unit (AGU) attempted to coerce him into falsely implicating alleged 28s gang boss Ralph Stanfield and his wife, Nicole Johnson.
Raed Cupido, 40, appeared at the Cape Town Magistrates Court on 30 June, requesting that Magistrate Alida Theart recuse herself from his case. Cupido's legal team argued that Theart's previous involvement in Stanfield and Johnson’s bail application, and a subsequent application by Johnson based on fabricated claims about her daughter's health, created a perception of bias.
Theart had previously ruled that "the health of [Johnson’s] daughter was fabricated by the applicant" and that "such a condition does not exist". She further stated that "it is clear to the Court that [Johnson] wilfully and intentionally well calculated an attempt to mislead the Court by fabricating the health issues of her daughter."
Cupido contends that Theart's prior exposure to the Stanfield case, and her findings regarding Johnson's credibility, would compromise her impartiality in his own bail application.
The crux of Cupido's claim centres around the circumstances of his arrest on 10 June. According to court documents, Sergeant Appollis from the AGU allegedly phoned someone, then handed the phone to Cupido.
Cupido alleges that the individual on the other end of the line was a former employee of Stanfield and Johnson – the same man who accused them of stealing his BMW in 2022. This individual allegedly told Cupido: "Tell the police officers that the drugs belong to Ralph Stanfield and Nicole Johnson; they will allow you to get into your car and drive away."
Cupido claims he responded: "I do not know what you are talking about." He further alleges that Appollis then asked him: "Are you not going to do what [he] told you to do?"
Cupido’s legal team argues that these events clearly indicate an attempt to pressure him into falsely implicating Stanfield and Johnson in exchange for his freedom.
Adding another layer to the legal battle, Cupido plans to submit an affidavit from Nicole Johnson as part of his bail application. This affidavit, he claims, will support his case by demonstrating that Johnson had no connection to the alleged drugs found at the Stor-Age facility in Roeland Street where he was arrested.
It was at this storage facility that police allegedly discovered approximately 15 kg of cocaine with an estimated street value of R18 million, along with automatic assault rifles (an Uzi and an AK47) and five semi-automatic pistols.
Cupido is facing charges of drug dealing, possession of prohibited firearms, illegal possession of firearms, and illegal possession of ammunition.
Attorney Bruce Hendricks, representing Cupido, told the Daily Voice that, based on the circumstances, the magistrate should recuse herself in accordance with the law.
The state, however, opposes the application for recusal. Advocate Greg Wolmarans, the state prosecutor, argued that Cupido must establish a clear connection between himself and Nicole Johnson, and that merely submitting an affidavit from her denying knowledge of the drugs and firearms is insufficient.
Wolmarans questioned how Theart's previous ruling on Johnson's credibility could be linked to Cupido's bail application and his fear of prejudice. The state maintains that Cupido's legal team's arguments are unfounded and represent an attempt to obstruct the course of justice.
The magistrate presiding over the bail application of a senior bank manager in the Cape Town Magistrate's Court "may possibly be prejudiced against him".
Therefore, the legal team of Raed Cupido (40) requested on Monday that Magistrate Alida Theart recuse herself from the proceedings.
Advocate Ruben Liddell, for Cupido, argued on Monday that Theart may be prejudiced because she was also the presiding officer in the bail applications of Nicole Stanfield (née Johnson), wife of alleged gang boss Ralph Stanfield.
Liddell told the court that a member of the investigation team allegedly took out his cell phone at the time of Cupido's arrest, dialed a number, and gave the cell phone to Cupido.
The person who was called was allegedly a man known as Styles or Elton Tollie, a state witness in the case against the Stanfields and other members of the alleged crime gang The Firm and the 28 gang.
Styles allegedly told Cupido that he should tell the police that the drugs and firearms belonged to the Stanfields. If he did so, they would allow him to get into his vehicle and drive away.
According to Liddell, Cupido said he did not know what Styles was talking about, after which he returned the cell phone and asked for his lawyer.
Cupido appeared in court on Monday wearing a crocheted kufi (head covering for Muslim men). In his hands he had a Tasbih (prayer beads for Muslims) and, just like his previous court appearance, he appeared in court with a mask over his mouth – this time allegedly because he is being exposed to people with tuberculosis in prison.
Theart said at the end of Monday's court proceedings that when he appears in court again on 7 July, she wants a medical certificate with the reasons why Cupido finds it necessary to appear in court with a mask.
The matter has been postponed until 7 July for judgment on the recusal application, at which point the bail application is expected to commence. The case promises to be a complex and closely watched legal battle, raising serious questions about police conduct and the potential for bias within the justice system.
Follow Us on Twitter
