Tensions mount in sweltering Van Druten court case

Van Druten is accused of beating and suffocating Van Heerden. It is alleged he had a history of violence against women, as several individuals have come forwards with protection orders against him over several years.

GARDEN ROUTE NEWS - With blistering temperatures climbing into the high 30s and suffocating humidity filling the courtroom, Bevan van Druten (53) was not the only one feeling the heat at the Plettenberg Bay Magistrate’s Court on Thursday 29 January.

This Garden Route artist (53), who stands accused of murdering his girlfriend, Nicky van Heerden (54), was once again in the spotlight as he appeared in court for the third time in connection with the case.

The matter also saw changes in court personnel, Magistrate Stephan Lourens having taken over the case and a new prosecutor, Cameron Roode, coming on record for the State.

Van Druten was dressed in a blue shirt and black trousers, his hair worn loose and his beard tied in a bun. He was represented by Legal Aid attorney Linda Mfuduka.

Tensions ran high as several media houses, including George Herald, applied to video and photograph the proceedings. After reading through the applications and asking members of the media to stand up to identify themselves, Lourens approved the application, stating that permission was granted in the interest of justice. During this time, Van Druten turned around repeatedly, taking in the members of the media and the public seated in the gallery.

Roode requested that Van Druten be referred for psychiatric evaluation. He informed the court that an affidavit from the district surgeon was available, recommending such a referral. He also said he had an undertaking from the Western Cape’s Director of Public Prosecutions, Nicolette Bell, that a bed would be expedited for the applicant.

Mfuduka said he could not agree to the referral at that stage as he first needed to consult with his client. He requested time to do so before the court determined the State’s application.

The State informed the court that Van Druten faces a Schedule 6 murder charge for the killing of his girlfriend and that bail would be opposed. Furthermore, Roode stated: “The applicant must show on a balance of probability that exceptional circumstances exist to warrant his release on bail.”

The defence argued that the State had presented no evidence to justify opposing bail. In response, the State submitted that, under a Schedule 6 charge, it is under no obligation to provide reasons, as the onus rests on the defence to show why bail should be granted. Roode also added that a bail application under a Schedule 6 charge is more rigorous, and that the applicant’s constitutional rights are limited.

Roode further stated there is a high likelihood that Van Druten could evade trial and interfere with witnesses, given the seriousness of the charge and the minimum sentence associated with a murder conviction. He also noted that the offence falls under Schedule 6, Section 1, Subsection 1AB of the Domestic Violence Act, and that the State is relying on the nature of the relationship between the parties.

According to the evidence contained in the case docket, the deceased had been the applicant’s girlfriend before the incident.

During the proceedings, Van Druten interrupted the court at one point. Lourens reminded him that he was legally represented and should address the court through his attorney. Despite this, Van Druten insisted on asking for water. He also appeared annoyed when someone in the public gallery applauded as he was led back to the cells. He can be seen stopping and glaring at the person in question.

The magistrate concluded the hearing by granting the defence time to consult with its client. The matter was postponed to tomorrow, 6 February, when the court will make a ruling on both the bail application and the application by the State for the accused to be sent for a psychiatric evaluation at Valkenberg Psychiatric Hospital in Cape Town. Van Druten remains in custody pending the outcome of his bail application.

The Southern Cape Police’s spokesperson, Warrant Officer Chris Spies, confirmed that the matter forms part of an ongoing police probe and that the post-mortem had been conducted, which also forms part of it. He said their investigations are still at an early stage.

Van Druten is accused of beating and suffocating Van Heerden. It is alleged he had a history of violence against women, as several individuals have come forwards with protection orders against him over several years.

Members of the public, anti-gender-based violence activists and other interested or affected parties attended the hearing and voiced strong opposition to Van Druten being granted bail.