The Benoni Magistrates Court was well attended by supporters of murder accused Retief Liebenberg (47) at his third court appearance, on Friday, November 15.
Shortly after the court announced Liebenberg would be granted bail, a friend of his fiance’s mother breathed a sigh of relief and walked out of the court.
Alma Britz, the mother of Liebenberg’s fiance, Rozaan Britz, said her daughter was elated after being phoned with the news of Liebenberg’s bail.
“She was in tears and said ‘tell him I love him a lot’,” she said.
Alma was also relieved about Liebenberg’s bail.
“I am very happy,” she said outside the court.
“He is a good person.
“It is a big relief for me.
“He is a great person and he is calm.”
Cox listed the aspects he considered in his decision to grant Liebenberg bail.
He said he had to consider the emotional, family and occupational ties the accused had within the district of Benoni.
Liebenberg’s business ties in Springs were taken into account, and Cox felt these were sufficient to keep him in Benoni, along with the fact that his passport had expired.
Cox also took into account the strength of the state’s case.
He said there is no objective witness, as all witnesses have an interest in the outcome of the matter, which, he added, puts a dark cloud on the state’s case.
The magistrate said Liebenberg does not seem to have access to evidentiary material.
His safety was also taken into account, after it was revealed in an earlier court appearance, by investigating officer WO Peter Mbonani, that Liebenberg’s life may be endangered if bail was granted.
Cox said the possibility does exist, but he’s uncertain of the likelihood that Liebenberg’s life will be in danger.
Lastly, Cox said, granting bail should not jeopardise the public’s confidence in the justice system.
Liebenberg, who is to appear in court again on December 11, was given strict bail terms.
He is to report to court on the days set by the court and must report to the Benoni Police Station on Mondays, Wednesdays and Fridays, between 6am and 6pm; he may not apply for travel documents and he may not make direct or indirect contact with “Rocco”, the man believed to have been in the company of Dewalt Visser Snr (46) and his son, Dewalt “Poenie” Visser (20), on the night the two were shot dead, until the trial has been finalised.
Mbonani revealed in court that the accused travelled to court in a private vehicle on November 15.
Cox responded by saying the “court is very concerned with the preferential treatment [Liebenberg] is receiving” and that he will not stand for it.
Defence advocate Marius van Wyngaardt told the court there was no interference from his client as he was in jail and that his client has nothing to do with the treatment he receives.
Mbonani further said that there was interference from his superiors when he initially opposed the bail and that there was interference in his investigations
Van Wyngaardt assured the court the defence did not interfere with the investigations.
“The defence at no stage interfered with your investigation,” he told the investigating officer.
The advocate told the court the state cannot prove pre-meditated murder and that, if they could, the prosecution would have opposed bail.
Mbonani is still awaiting the ballistic report and scene reconstruction.
Liebenberg’ daughter Chevonne’s statement has been taken and she is believed to have been be discharged from hospital after being admitted for shock on the night of the shooting.
