The appellant failed to prove that exceptional circumstances existed to support his application for release on bail. Picture: File
An accused murderer, who allegedly with his accomplices attacked and buried their murder victim in a shallow grave, will remain behind bars after his bail appeal failed in the Western Cape High Court.
The accused had his first bail application denied by the Blue Downs Regional Court but had failed to prove, on a balance of probabilities, that exceptional circumstances exist that justified his release.
Unhappy with the ruling, the man approached the high court with his appeal.
The accused murderer, along with his four co-accused, face charges of assault, kidnapping, and murder - and the State proferred that the murder was premeditated and committed with a common purpose.
On June 15, 2023, the man and his co-accused descended on the deceased’s home at Bosasa Temporal Houses in eMfuleni, brandishing an assortment of weapons including sticks, hockey sticks, and golf clubs.
The deceased, who was at home with his family, was attacked by the group. He was assaulted and stabbed in his neck with various sharp weapons, the State submitted.
According to the State’s version, the assault took place in front of the deceased’s family, whose desperate pleas for clemency were ignored.
The deceased was subsequently hauled by the appellant and four others to a nearby bush. Concerned, the deceased’s family followed the appellant and four others as they moved towards a nearby bush with the deceased. This was, however, thwarted by death threats that were directed to them by the appellant and four others.
“Perturbed by what was unfolding, it was also alleged that the deceased’s family returned home and called the South African Police Service. The deceased was later found buried in a shallow grave not far from his place of residence,” the judgment noted.
The accused, in his reasons to the court to have him released, submitted that the regional court misdirected itself in denying bail on the grounds that the State made out a prima facie case against him.
According to the appellant, this was seen as “some form of anticipatory punishment”.
Judge Lunga Siyo said: “In my view, the appellant failed to prove, on a balance of probabilities, that exceptional circumstances exist which warrant his release on bail. For these reasons, I am of the view that the court a quo’s decision to refuse bail was correct.”
chevon.booysen@inl.co.za