Heyns murder accused drop bail bid

2013-06-10 14:15

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Cape Town - Two men accused of killing Dr Louis Heyns abandoned their bail application in the Somerset West Magistrate's Court on Monday morning.

Henk Carstens said his clients, Marthinus van der Walt, 33, and his brother Sarel, 42, had confirmed on Monday morning that they would no longer be pursuing bail.

He also revealed that the two had made statements to police and he would apply for access to these.

He also wanted access to a video taken of his clients while they made these statements.

William Booth said his client, Malmesbury businessman Juan Liedeman, 37, would apply for bail.

The brothers are accused of killing and robbing Heyns, while Liedeman faces charges for being found in possession of Heyns's stolen vehicle.

The body of the Stellenbosch University medical professor was found in a shallow grave in Strand two weeks ago.

Postponement

Last week, the court granted a seven-day postponement to allow the director of public prosecutions to decide under which schedule the crimes fell.

Samantha Raphaels, for the State, said deputy director of public prosecutions Johannes Abraham Niehaus had signed a certificate stating the exact charges against Liedeman and the applicable criminal schedule.

She said a decision was made to charge him with both robbery as an accessory after the fact and defeating the ends of justice, schedule six offences.

Booth objected to his client being charged as an accessory. Raphaels explained the charge.

"An accessory after the fact implies not that you were on the scene but that you assisted the perpetrators after the offences were committed by hiding away their crimes," she said.

Booth said the State had failed to timeously inform him of the schedule of his client's offence, did not give him the schedule certificate, and failed to tell him on what grounds they were opposing bail.

"This is extremely unfair, prejudicial, and affects the bail hearing," he said.

Review application

Liedeman launched an urgent application in the Western Cape High Court last week to review the magistrate's decision to postpone the matter for a week, arguing that he should be granted bail before then.

He argued that his charges were not as serious as those of the brothers.

The application was denied on the basis that the court had abided by the Criminal Procedures Act regarding the postponement.

In the application, further details emerged about Liedeman's alleged involvement.

Niehaus said in an affidavit that Liedeman allegedly received help and information from a police officer.

"... After the applicant received the information from an officer in [the SA Police Service], the applicant proceeded to dismantle and destroy parts of the robbed vehicle," Niehaus said.

"Some parts were burned and other parts were discarded, and others hidden in a tanker on the premises of the applicant."

Western Cape police are questioning three more men, including a police officer, in connection with the crimes.

Read more on:    louis heyns  |  cape town

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