The bail application hearing for Martin Wessels entered its third day at the Ladysmith Magistrate’s Court today (May 14).

State prosecutor Ms Khumalo made a surprise application for the magistrate to recuse herself from the case, claiming bias. Khumalo argued that Wessels was being treated like a privileged accused, as he was allowed to testify in both English and Afrikaans. She also raised concerns about the affidavit presented by defence attorney Justin Heunis, stating that he had translated it himself into English. Heunis countered that the affidavit had indeed been translated into English and handed to the prosecutor, and that the translation was for her own benefit.

Heunis further argued that the magistrate had not yet made any decisions that would indicate bias, and therefore there were no grounds for recusal. After hearing arguments from both sides, the magistrate refused the application for recusal, allowing the case to proceed.

With the recusal application dismissed, the court heard testimony from investigating officer Mr Mabaso. He provided background information on the deceased, Anton Lombard, describing him as a father of two young children, aged 11 and 13, whom he supported despite not living with their mother. Lombard was employed as a manager at Sentracor.

Mabaso then outlined the state’s reasons for opposing bail, citing four key concerns. He argued that Wessels was a flight risk, that his life would be at risk if he were released into the public, and that the public would also be at risk. Additionally, Mabaso claimed that Wessels might interfere with witnesses and that his history showed a disregard for the law.

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The bail application hearing will continue tomorrow, with the court expected to hear further arguments from both the defence and the state. Wessels remains in custody.

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