State found wanting at Mischke trial

The office of the Director of Public Prosecutions is going to have to explain in court why the two alleged killers of University of Johannesburg law professor Carl Mischke have been unable to apply for bail.

The office of the Director of Public Prosecutions is going to have to explain in court why the two alleged killers of University of Johannesburg law professor Carl Mischke have been unable to apply for bail.

Published Jul 11, 2013

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Johannesburg - The State’s affidavit against the two men accused of killing University of Johannesburg law professor Carl Mischke has been described as too weak for their bail application to be properly argued.

Also, The Star understands that one of the two men will be retracting his own written explanation of the incident to provide a new version of events.

Craig Thomas and Jacques Terreblanche were arrested in April as suspects in the killing of the professor, who was found dead in his ransacked Norwood home that same month.

Mischke had been found dead by his domestic worker, and police arrested Thomas and Terreblanche shortly thereafter.

The pair’s bail application has been delayed six times since April, after the docket was taken by the office of the director of public prosecutions for the case to be transferred to the Johannesburg High Court.

On Wednesday afternoon, the two men appeared at the Johannesburg Magistrate’s Court, where it was expected for their bail application to go ahead, but presiding magistrate Paul du Plessis told the court that the affidavit submitted by the State did not contain the correct information.

While both men had been charged with murder, there was no information in the document on how the men were linked to the killing.

The affidavit also mentioned how the two had stolen Mischke’s car, but the State has not charged them with robbery or theft.

“This is not a small or simple matter, (and it) will only be dealt with when all the facts are available,” said Du Plessis.

The magistrate insisted that the investigating officer and arresting officer be in court at Thomas and Terreblanche’s next appearance, where at least one of them would be asked to explain their case.

The Star has learnt that Thomas is set to hand over a revised statement to the court with a decidedly different story when he applies for bail next Friday.

It’s understood Thomas was a tenant on Mischke’s property, and that their relationship was more than just friendship.

Terreblanche was earlier going to be taken for a pointing out of the murder weapon,

but chose not to participate, on advice from his lawyer.

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