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GEORGE NEWS AND VIDEO - Court has been adjourned until 12:30 after the state and defence presented their heads of argument in the bail application of Johannes Jacobs and Gert Bezuidenhout, the two men who stand accused of murdering Cape Town underworld figure Mark Lifman last year.

Lifman was gunned down at the Garden Route Mall last year.

In the defence's heads of argument led by Michael Hellens SC, he said there is currently no evidence to identify the a accused in the vehicle from where the fatal shots were fired.

The court heard that the firearm used in the offence has also not been found yet and the number plates VW Polo the men were driving when arrested near Uniondale, differ from those on the VW Polo at the mall.

Hellens also said that there is currently no evidence that the shots were fired from inside the vehicle that the accused were driving when they were arrested. In addition, no weapons were found in this vehicle.

According to the defence, the accused also cannot be deemed flight risks, as they have no means or resources to leave South Africa. Their passports have already been handed in to authorities.

In the state's argument they said that this is a schedule six bail application, which means that the applicants have to prove there are exceptional circumstances for them to be granted bail. 

The state said it is in the interest of justice that Jacobs and Bezuidenhout be kept in custody as they might flee the country, tamper with or destroy evidence (as the firearm has not been found), they might influence witnesses, and their release will jeopardise the public's faith in the judicial system. 

It was also said that the investigation is not yet complete.

VIDEO: The two accused as they entered court this morning. Video: Kristy Kolberg

In his affidavit, Jacobs said that he has an alternative address on his farm in Hoedspruit. However, following their divorce, Jacobs and his estranged wife apparently share the farm 50/50. She is currently living there with her boyfriend. 

Incidentally she applied for a protection order against Jacobs, that was served on him this morning before court was in session. He refused to sign the document.

Upon his arrest, Bezuidenhout sold his house in Cape Town as, according to his affidavit, he could not pay the bond while in custody. However, Bezuidenhout does have an alternative address in Cape Town.

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