WHITE RIVER – Mr Paul Mathebula, one of the accused in the Annatjie Myburgh case, was denied bail in the White River Magistrate’s Court today.
The magistrate, Mr Eddie Mabaso ruled that Mathebula had not proved that exceptional circumstances exist which will justify his release.
The burden of proof that Mathebula had to satisfy, exists as a result of the seriousness of the charges against him – that of murder, robbery and kidnapping.
Yesterday (August 18) Lowvelder reported:
WHITE RIVER – New evidence emerged in Ms Annatjie Myburgh’s shocking murder case in court this week.
According to the charge sheet, Mr Selby John Mabila (26) and Mr Paul Mathebula (27) unlawfully and intentionally killed her by “applying force to her face and body”.
The two, who are charged with kidnapping, murder and robbery with aggravated circumstances, reappeared in court on Tuesday.
Senior state advocate Adv Isabet Erwee revealed during Mathebula’s bail application that fingerprints and cellphone signals placed both accused in the vehicle, at the scene of the crime, and where her body was found.
Mabila had withdrawn his bail application. The state requested that bail be denied to Mathebula as he was regarded as a flight risk. Erwee said an informant had told police he had been heading to Mozambique at the time of his arrest.
“When the police caught up to him near Bushbuckridge, they found him with a packed suitcase and a pair of shoes which matched the shoe prints at the crime scene,” she said.
The state said the phone receptions of the two accused were traced to the scene of the crime at the time and date of the incident and to the areas where the vehicle and body were recovered by various cellphone towers in the surrounding areas.
Erwee stated that the police had found fingerprints matching both accused inside and outside Myburg’s vehicle. “Two pangas were also found at the crime scene and a black bag. One panga had the name Paul engraved onto it. I do not believe this is coincidental,” she said.
“Both accused also did a pointing out to the police where they recovered the deceased and vehicle,” added Erwee.
The SAPS recovered Myburgh’s body in a field near Peebles on the Numbi Road on June 19. Her vehicle, a Mitsubishi Pajero, was found about 20 kilometres outside White River the same day.
Erwee added that Mathebula h lied to the court about not having a previous conviction as he had been found guilty of trespassing in 2006. “He is a danger to the public and is linked to a serious violent crime,” she concluded.
Defence attorney Mr Brian Maphanga said Mathebula would be pleading not guilty to the charges. He said the accused was eager to stand trial and clear his name.
“He was visiting his family who live near Bushbuckridge and had packed a suitcase. He has no family or passport to flee the country. He is not a flight risk,”
Maphanga also enquired why the investigating officer WO Grobbie Grobler had not taken the stand to explain the state’s affidavit. “In most cases the police take the stand to give clarity and to assist the court,” he said.
Maphanga disputed the validity of the fingerprints and the shoe print. He claimed Mathebula said he had been assaulted by police before he was taken to do the pointing out.
Erwee responded by stating if the accused was entitled not to take the stand, so was the investigating officer as it was not a trial. She added that no medical records or visible assault markings were ever seen or reported to court by Mathebula before.
The results of the post-mortem has still not been released due to an outstanding toxicology report.
