WHITE RIVER – Mr Paul Mathebula (27), one of the men charged with the kidnapping, robbery and murder of Ms Annatjie Myburgh, was denied bail in the White River Magistrate’s Court on Friday. The magistrate, Mr Eddie Mabaso, said the charges against him were serious to the extent that he and his co-accused, Mr Selby John Mabila (26), might spend the rest of their lives in prison if found guilty.
Myburgh had gone missing on the morning of June 15. Police investigations revealed that she had been hijacked while leaving her home for work. Hundreds of locals participated in a four-day search for the missing woman. Her body was found on June 19 in the Numbi area. Her Pajero was recovered in KaBokweni. The two accused were arrested and appeared in court on June 20 and 21. Mabila did not apply for bail, but was in the accused dock next to Mathebula when the latter’s bail hearing commenced a week ago.
Click here for the video of Mabila’s arrival at court
Senior state advocate, Ms Isabet Erwee placed on record that fingerprints and cellphone signals placed both accused in the vehicle, at the scene of the crime, and where her body was found. “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.
Click here for the video of Mathebula’s departure from court
Mathebula’s attorney, Mr Brian Maphanga, said his client had been assaulted before making the pointing out. He challenged Erwee to prove the evidence she had referred to.
The investigating officer, AO Grobbies Grobler, did not take to the witness stand, but provided the court with an affidavit in support of the state’s case. Maphanga queried why this was not done and said his client would plead not guilty on the charges against him. On Friday Mabaso said Maphanga had taken the wrong approach by focusing on these issues that are reserved for trial.
Mabaso explained that the purpose of a bail hearing differs from that of a trial. “Section 60 calls on the court to refuse bail if it would not be in the interests of justice,” he said. Erwee had pointed out that the accused was a flight risk. “He was fleeing to Mozambique when he was arrested,” she said. Mabaso took this into consideration.
Erwee said the accused had a previous conviction. When asked whether this was the case, Mathebula failed to provide the court with a clear answer. “The court is deeply worried that… you have not told me whether you have a previous conviction. If offered a second or third chance to answer to this, will you?” asked Mabaso.
The case was postponed to September 30. Both accused will remain in custody until then. Forensic reports pertaining to the case are still outstanding. Mabaso stressed that, because these reports take a long time to compile and it is done in another province, the trial may not proceed for months.
Family friends of the Myburghs. Ms Carol Jacobs and Ms Christine Ferreira, said that they were pleased with Mabaso’s decision. They also expressed their gratitude towards Erwee, whom they described as “a brilliant state advocate”.
