Latest news with #PaulRoelofse
The Herald
2 days ago
- The Herald
‘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
The Herald
3 days ago
- The Herald
Tensions rise during cross-examination in Oyster Bay murder case
The bail application by murder accused Rob Evans got off to a rocky start on Tuesday morning when his lawyer and the magistrate clashed in court over his line of questioning. Defence attorney Paul Roelofse was busy with his cross-examination of the investigating officer when magistrate Deidre Dickson questioned whether he was speculating. During the drawn-out bail bid in the Humansdorp regional court, WO Xolile Kato had testified about the crime scene and the investigation which followed when 36-year-old Vanessa van Rensburg's body was discovered on the floor of her boyfriend's holiday home. Evans is accused of murdering Van Rensburg at the Oyster Bay house during the Easter weekend. Kato had testified earlier on the extent of Van Rensburg's injuries, and had painted a picture of the crime scene which included shards of a broken glass and a whisky bottle which he believed to have been the murder weapon. On the 10th day of the formal bail bid on Tuesday morning, Roelofse continued his cross-examination of Kato in a bid to poke holes in the state's case. He pressed Kato on his earlier claim that there had been no sign of forced entry at the house. He also asked whether Kato had checked if the garage door was intact. Kato admitted that he had not inspected the garage door, and that he had in fact not even gone into the garage during the course of his investigation. Roelofse then put it to him that another person could have entered the house through the garage. Kato responded that this was unlikely as the interleading door between the garage and the house had been locked from the inside. When Roelofse tried to question him further on the status of the garage door, Dickson interjected to warn him that he was 'leading the court into speculation not supported by evidence'. She said this would not assist her in deciding if Evans should be granted bail. Roelofse insisted his questions were important because the state had argued that there was no forced entry, suggesting that Evans had been the only other person inside the house at the time. He said he needed to test this properly because the possibility remained that another person could have been inside the house at the time of Van Rensburg's death. Dickson then ordered Roelofse to cease his current line of questioning, and to instead focus on what the state had presented to the court as evidence. After the heated exchange, Roelofse asked for an adjournment. The bail application continues. The Herald
The Herald
4 days ago
- The Herald
One month on, Evans' bail bid continues
Exactly one month since his arrest, the formal bail application of murder accused Rob Evans is set to continue in the Humansdorp regional court on Monday. Evans is accused of murdering his girlfriend, Vanessa van Rensburg, at his Oyster Bay holiday home during the Easter weekend. And as the Gqeberha entrepreneur continues to fight for his freedom, defence attorney Paul Roelofse is expected to continue with his cross-examination of the lead investigator, WO Xolile Kato. Court proceedings were off to a slow start on Monday morning as the court waited for the father of three to be transported to Humansdorp from St Albans Prison, where he is being held. Evans faces a Schedule 6 charge of premeditated murder. It is the state's case that he beat 36-year-old Van Rensburg to death with an object likened to an alcohol bottle. Her body was discovered during the early hours of April 20. Evans has meanwhile maintained his innocence. During cross-examination last week, Roelofse questioned Kato's investigation of the matter. Highlighting some of the alleged short sightings, Roelofse said no measurements were taken of the broken bottle found at the scene to compare to Van Rensburg's wounds. He said while the bottle was shown to the pathologist, she had not conclusively stated that it was indeed the weapon used. Roelofse further challenged the state's version that Evans had attempted to clean up the crime scene. The court heard further that on the day Van Rensburg's body was found, Kato had already ruled out forced entry or a robbery. Another point of contention was Kato's decision to seize Evans' cellphone despite the state initially denying that the Gqeberha entrepreneur was told he was a suspect from the outset. The Herald
