Durban - Two men accused of the brutal murder of a Matatiele man have failed in their attempt to get bail.
Luwayne Marais, 27, of Phoenix, Durban, and Donovan Cook, 33, a general maintenance worker and father of four in Matatiele, were denied bail earlier this year at the Kokstad Magistrate’s Court.
They then appealed the decision before Pietermaritzburg High Court Judge Piet Koen, but he on Thursday found that the magistrate had not erred and dismissed their appeal.
The men are accused of the murder of Lindsay van Rooyen on November 10, last year.
Van Rooyen’s mutilated body was found on the Swartburg Road days later.
One of his ears had been cut off, and the other ear sliced in half, and he suffered multiple stab wounds. The motive for the murder is yet to be determined.
Investigating officer Constable Zanupholo Bontsa testified at the initial bail application that the evidence against the pair was strong that the murder had been pre-planned and premeditated.
Bontsa explained that there was a State witness who claimed to have overheard Marais and Cook planning to kill Van Rooyen the day before his murder. Other witnesses also claim to have seen the men leaving with Van Rooyen on the day of the murder, and then returning without him.
On returning, Cook was seen to be “shaken”. When asked what was wrong, he allegedly responded that Marais “did it”. Video footage depicts the pair with Van Rooyen on the night of the murder. A blood-stained Okapi knife was found in Marais’ car’s cubby hole.
The court record of the bail application also indicated both Marais and Cook had lied about their previous convictions.
Marais said he had no previous convictions, and Cook said he had one for assault with intent to cause grievous bodily harm. However, when Bontsa took the stand, he confirmed Marais had one previous conviction for common assault, while Cook had four previous convictions, including for assault and possession of drugs.
Koen said the two men had lied, “makes me wonder how much of their evidence can be relied on.”
Koen concluded that they had not shown exceptional circumstances to justify their release on bail.
Daily News
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