Johannesburg - While Baby Daniel’s mother and her boyfriend are both being kept in custody after being convicted of child neglect, abuse and murder, the mother is set to apply for bail pending her sentencing proceedings.
On Thursday, Maryke Cloete’s* then-lawyer, HW Smith, indicated he wished to lodge a bail application at the Johannesburg High Court.
However, Judge Colin Matshitse was quick to note that the affidavit on which the application would be based was deeply flawed, and offered the lawyer a postponement to “put together a proper application”.
However, on Friday morning, Smith had vanished, and a new legal team had been appointed.
Advocate Ruan Hollamby had taken over, and asked the court for a postponement until early January to take instruction from his new client.
While the court granted this, it remains unclear exactly how Hollamby will argue for his client’s release.
State prosecutor Steve Rubin has already indicated to the court that he will oppose the application.
Before proceedings began, Cloete’s mother approached her teary-eyed daughter after being brought up from the cells beneath the court, loudly promising (in Afrikaans) that she would make sure her daughter had the best legal team possible.
During Thursday’s proceedings, Cloete’s previous lawyer also made it clear his client would probably appeal against Matshitse’s conviction, though it’s unclear if this will still be the case since changing her legal representative.
* Not her real name