Father bail denied again as Western Cape High Court prioritises children's welfare

The welfare of three children was the deciding factor in a Western Cape High Court decision to deny bail for the third time to their father, who stands accused of murdering their mother.

Acting Judge Roy Barendse emphasised that the children's best interests must take precedence in this case, where the accused allegedly shot his wife three times over suspicions of infidelity.

In the most recent bail bid, the court highlighted that the current location of the children – aged 18, 14, and 12 – was uncertain.

“It is not clear where the minor children are currently living, whether a family member other than the eldest sibling is living with them and taking care of them, and, importantly, whether it is in the opinion of the social worker/s in the children's best interests for the appellant to be released on bail,” acting judge Barendse said. 

According to court documents, the father is the sole breadwinner and, before his arrest, was employed as a bus driver and owned a one-vehicle shuttle service.

In the lower court bail applications, it was stressed that he desperately had to go back to work to ensure that his children would not lose the roof over their heads.

“Given that the best interests of the children are paramount but not absolute, these must be balanced with the other prescripts of, in this instance, whether the granting of bail will be in the interest of justice.

“It appears that the report/s by the social workers pursuant to the investigation directed by the magistrate were not yet available. The matter cannot, therefore, be remitted to the court a quo.

“It is not known whether any of the children maintained a relationship with the appellant since his incarceration, whether they visit him, and whether, given the allegations against him, they see their way clear to living with him in the family home.

“The reports by the social workers will undoubtedly cast light on these and other relevant factors,” said acting judge Barendse.

In denying the current application, the High Court said that if the father and his legal team could get the reports from the social workers, he could bring another bail application based on new facts. 

The State alleges that the man, on the evening of the murder, called his wife and asked her where she was.

“Her vehicle was fitted with a tracking device, and her telephonic answer was inconsistent with the data of the tracking device. He then allegedly contacted his wife's sister, informing her that he needed her and her husband to urgently come to his home for a meeting.

“The appellant fetched his sister-in-law and brother-in-law from Gugulethu and brought them to his home in Montevideo. En route to his home, the appellant allegedly told the relatives that he caught his wife cheating again, showed them the data of the tracking device, and told them that his wife had lied to him about her location.”

An argument between the appellant and his wife ensued, witnessed by the other couple. During this argument, he allegedly uttered words to the effect that 'I will rather go to jail'. He allegedly left the living room and returned with a firearm.

The man fired three shots at the deceased. After the first shot, the witnessing couple fled to the garage for safety. He then threatened to shoot himself in front of them.

The accused allegedly decided against shooting himself and started making phone calls, informing people that he shot and killed his wife. He remained at home and cooperated with the police.

Cape Times