‘This is not a rehearsal for trial' — magistrate in Evans case
'A bail application is not a rehearsal for trial.'
These were the words of magistrate Deidre Dickson in the Humansdorp Regional Court on Wednesday morning.
Dickson said for the past three weeks she had cleared her criminal and civil rolls, often sat through lunch and tea breaks, and sometimes ended court late to accommodate murder accused Rob Evans' application for bail.
Evans is accused of murdering his girlfriend, Vanessa van Rensburg, 36, at his Oyster Bay holiday home over the Easter weekend.
And while Dickson stood firm in her views from Tuesday that 'speculation will not assist the court to decide on bail', for the sake of not wasting any more time, she gave defence attorney Paul Roelofse the floor to continue with his line of questioning.
Roelofse had been busy with his cross-examination of investigating officer Warrant Officer Xolile Kato on Tuesday when Dickson interjected.
After Roelofse raised questions about possible alternative suspects, or how someone else could have entered the house where Van Rensburg's body was ultimately found, Dickson said speculation would not assist her in deciding if Evans should be granted bail.
A visibly frustrated Roelofse had then asked for an adjournment to consider his position.
Later in the day, he returned to the courtroom with a fresh application to formally challenge the magistrate's ruling.
Roelofse argued that questions about locked doors and potential entry without force were crucial to ensuring a fair bail application for his client.
Delivering her ruling on Wednesday, Dickson said: 'A bail application is not a criminal trial, it is also not a rehearsal for trial.
'Speculation will not assist the court to decide on bail. If this were a trial and bail had been finalised, then this would have been a different [scenario].'
She said the bail application was already in its third week.
'This court will not unreasonably cut short or restrict cross-examination.
'The test here is the prima facie evidence. The court doesn't want to prolong the matter unnecessarily even further.
'Be that is it may, Mr Roelofse, I don't want to waste any more time, I have stated what the situation is.
'If you want to put more scenarios in front of the court then so be it, but let's finalise this matter.
'Everyone in this court needs this application to come to an end now.'
The matter was postponed to Friday.
The Herald
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