The Palm Ridge Magistrate’s Court has refused a new bail application by Shaun Walter Beaton, who was convicted of the murder of Gert Hitzeroth.

The State proved beyond a reasonable doubt that Beaton struck Hitzeroth with an aluminium baseball bat during a confrontation at his home and subsequently drowned him in a swimming pool.

The defence launched a new bail application, citing Beaton’s health concerns, family responsibilities, and his compliance with bail conditions during the trial. However, after hearing arguments from both sides, the court ruled that the reasons presented did not justify his release.

Bail application heard

The matter resumed in the Palm Ridge Magistrate’s Court on March 9 for further hearing on the bail application. The court heard the State’s reply to the defence’s heads of argument.

The State acknowledged that Beaton is a first-time offender, the provider for his family, suffers from health issues, and had attended court proceedings regularly while previously out on bail.

However, the prosecutor argued that the court must also consider the family of the deceased and the seriousness of the offence.

While incarceration is unpleasant, the State said the court should also consider the reason why the accused is in custody.

The State further argued that sentencing has not yet taken place and that speculation about the possible duration of a sentence is irrelevant during bail proceedings.

The prosecution concluded by requesting that the court deny the bail application.

The defence responded by reiterating the reasons for bail contained in Beaton’s affidavit, including his health concerns, his role as the main provider for his family, and his claim that he is not a flight risk.

Court delivers ruling

In delivering its ruling, the magistrate said it was common cause that Beaton had attended court regularly during the trial, has a permanent residence in Mayberry Park, Alberton, has strong family ties, and no previous convictions. It was also undisputed that he does not possess valid travel documents.

Despite the grounds raised by the defence, the court found that the accused’s family members, including his partner, could assist in supporting his children while he remains in custody.

The magistrate also noted that there was no satisfactory evidence that Beaton had been denied medical treatment and that correctional facilities have health services available to inmates.

Although the court found no direct evidence that the accused would evade trial, it emphasised that Beaton has been convicted of murder, an offence that carries a minimum sentence of 15 years’ imprisonment.

“The lengthier the potential sentence, the higher the chances of fleeing,” the magistrate said, adding that the court could not ignore this factor.

After considering all the evidence placed before the court, the magistrate ruled that the reasons for Beaton’s release on bail were not justified and refused the application.

Beaton remains in custody.

The matter will return to the Palm Ridge Magistrate’s Court on April 20 for sentencing.

ALSO READ: 8 years later, murder verdict delivered in Hitzeroth case