State dismisses ‘new facts’ in second bail bid of Lifman murder accused

According to the State, the accused are considered high-profile detainees and are being held under conditions aimed at ensuring their safety rather than as a form of punishment.

GEORGE NEWS - After hearing the defence’s heads of argument in the George Regional Court earlier today, Wednesday 28 January, in the murder case of Mark Lifman, the State argued that no new or exceptional circumstances exist to justify the release on bail of Johannes (Jakes) Jacobs and Gert (Johnny) Bezuidenhout.

Jacobs and Bezuidenhout stand accused of murdering the controversial Cape Town businessman.

The arguments were presented during the accused’s second bail application, where the prosecution maintained that the defence was merely rehashing old information under the guise of new facts.

According to the State, the accused are considered high-profile detainees and are being held under conditions aimed at ensuring their safety rather than as a form of punishment. It was submitted that their placement in segregation and solitary confinement was an administrative decision taken by the Department of Correctional Services (DCS) and had already been ruled upon.

The court heard that conditions at correctional facilities, including overcrowding and the presence of rats, fleas and insects, do not constitute exceptional circumstances warranting bail, adding that prison conditions alone cannot justify an accused’s release.

The court heard that various telephone calls and consultations had been facilitated between the accused and their legal representatives, with the State disputing claims that their right to legal consultation had been infringed.

While the defence raised concerns about the inability to consult privately, the prosecution said such limitations were linked to security considerations and were not unlawful.

The State further argued that a request to transfer the accused to Pollsmoor Correctional Centre could not be accommodated as their safety could not be guaranteed there. At Helderstroom Correctional Centre, where they are currently detained, security measures were in place to protect them.

Addressing complaints relating to food and dietary supplements, the prosecution said it was the responsibility of DCS to dispense any approved supplements, not family members, as officials could not verify the contents of items delivered from outside.

In response to claims of delays in the investigation, the State rejected suggestions of chaos or misconduct, stating that the only disorder occurred at the crime scene in Garden Route Mall in November 2024. The State maintained that the case had progressed steadily, with postponements on 20 February, 15 April and 6 May falling within reasonable timeframes.

“The investigation does not have to be completed before a matter is transferred to the regional court,” the State submitted, adding that there had been no unreasonable delays or manipulation of evidence.

The prosecution confirmed that it was ready to proceed with pretrial proceedings and said it now had a stronger case than when the accused were first arrested. It was also argued that the defence could not dictate how the investigation should be conducted.

In conclusion, the State submitted that without exceptional circumstances, the accused must remain in custody until the completion of the trial. The length of their incarceration, it argued, does not amount to a new fact and is not, on its own, a basis for bail.

The bail application continues on 12 February.

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