Schalekamp bail ruling postponed as court weighs conflicting testimonies

Judgment in Marco Schalekamp’s bail application has been postponed to July 8, following the conclusion of arguments in the White River Magistrate’s Court on Tuesday, July 1.

Magistrate Nakedi Malomane said she needed time to consider the extensive evidence and submissions presented over the multi-day hearing.

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The final day was marked by a brief evacuation after smoke filled the courtroom. The source was later traced to a faulty heater that was immediately switched off.

The defence continued its aggressive challenge to the State’s case, focusing on the credibility of investigating officer Sergeant Mxolisi Shadrack Dion Keis. Advocate Leendert Viljoen questioned whether Keis believed Schalekamp had shot himself during the June 5 incident that left Pieter Burger dead and Arno van Niekerk seriously injured.

Keis said he did not know who shot the accused, but maintained that Schalekamp had ambushed the others.
Viljoen also asked Keis about a projectile allegedly found inside a water bottle in a vehicle that was not impounded. Keis said he was unaware of that detail, but confirmed another vehicle with a bullet hole was secured for forensic analysis.

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Before Keis was excused, the defence disputed his account of a phone call involving Pieter Burger Sr and the school at which Schalekamp’s girlfriend works. Keis claimed the school had called him via a conference call. The defence presented a call log showing three outgoing calls from Burger’s number on June 23. Keis denied knowing Burger’s number and said he had spoken to the school on the headmaster’s personal cellphone. The call history was submitted as an exhibit.

When the State questioned the origin of the document, the defence said it came directly from the school and was linked to a formal letter. Viljoen accused Keis of lying under oath.

After Keis’s testimony, prosecutor Mbongeni Magagula read an affidavit from Van Niekerk where he stated that he was told that “there will be war in this town” if Schalekamp is *not released. Viljoen objected, arguing that affidavits cannot be cross-examined and unfairly prejudice the accused. Magistrate Malomane ruled that the State was entitled to submit affidavits, citing witness safety concerns.

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The defence argued that Schalekamp was arrested based on one-sided statements and that the police failed to consider that he may also have been a victim. The magistrate cautioned the defence against interrogating the content of witness statements during a bail hearing.

As previously reported by Lowvelder the investigation officer told the court that Schalekamp’s estranged wife told him about Schalekamp’s violent behaviour, including assaulting her. The matter will return to court on July 8 for judgment.

* This article has been amended