Magistrate recuses herself from attempted murder and kidnapping accused Cowan case

The magistrate presiding over the case of a Ballito businessman charged with assaulting his estranged wife has recused herself from the case.

The State filed a motion on June 15 urging magistrate Blanche van Eeden to recuse herself from the bail application in the case in the KwaDukuza Magistrates Court of Ballito businessman, Ryan Cowan, who is charged with attempted murder, kidnapping and contravening a protection order.

He has appeared 10 times before magistrate Van Eeden without the bail application being decided.

ALSO READ: Protestors ask court to refuse bail to Ballito man accused of assaulting wife

On June 21 she granted the State’s application and emphasised her reason for recusing herself was to ensure the proper carriage of justice.

The complainant’s attorney, Suvania Naik said she appreciated that the matter had been placed on the roll for a lengthy period of time due to the heavy burden placed on the accused to prove exceptional circumstances in favour of his release.

The sister of the complainant, TJ van Niekerk said that after the 10th bail hearing appearance her family started losing hope in the justice system.

“I can understand why a woman would rather suffer in silence at the hands of their abuser than seek help. It has been an extremely draining process, both financially and emotionally,” she said.

In Cowan’s first appearance, following his arrest on May 10, the court heard that he had been arrested on 2 previous occasions and was out on bail.

The cases pending against him relate to assault and grievous body harm against his estranged wife and contravention of an interim protection order.

ALSO READ: Bail undecided in Cowan GBV court case set to resume today at KwaDukuza

In a number of Cowan’s court appearances, protesters brandishing placards outside the courthouse have called for bail to be denied and for a repeat offender to be kept behind bars.

Last month a petition started by Ballito resident Candace Tozer, also calling for bail to be denied, garnered more than 1 000 signatures.

Cowan’s bid for bail is set to resume on Thursday.

The state is opposing bail.