Mark Lifman murder: Fresh evidence presented as accused denied bail appeal

Update

GEORGE NEWS - Fresh forensic reports, new witness statements and updated crime scene photo albums dominated the proceedings on Friday 12 September in the trial of Johannes 'Jakes' Jacobs and Gert 'Johnny' Bezuidenhout, accused of murdering Mark Lifman (57).

Lifman, a controversial Cape businessman, was shot dead in the parking lot of the Garden Route Mall on 3 November 2024.

Hours later, Bezuidenhout and Jacobs were arrested at the T-junction of the N9 and N12 near Uniondale.

During Friday's appearance, the defence, led by Adv Michael Hellens SC, argued that the State had failed to comply with the magistrate's directive issued on Monday 25 August.

The order required all additional particulars to be provided to the defence by 29 August. Hellens claimed the investigation had not been concluded as previously stated in court, citing a recent visit by investigators to a Cape Town firm to obtain another statement as evidence that work was still ongoing.

According to the defence, two new witness statements were only received on 11 September.

A forensic report, reportedly ready on 1 September and stored on a memory stick, was only handed over on 4 September, despite arrangements made by their instructing attorney. Another photo album, delivered on 10 September, included new images such as fingerprints taken from exhibits.

The court postponed the case until Friday 28 November to allow both parties adequate time to consider the new evidence.

The murder scene at the Garden Route Mall in November last year. Photo: Kristy Kolberg

Bail appeal dismissed

The accused previously sought leave to appeal against the refusal of bail. Their application, submitted to the Bloemfontein Court of Appeal on 13 June, was dismissed on 20 August. This followed Acting Judge Nomfundo Sipuinzi's ruling in the Cape Town High Court on 12 May, which had dismissed their application for leave to appeal the refusal of bail in the George Magistrate's Court.

Judges Tati Makgoka and Elizabeth Baartman of the Court of Appeal said there were no reasonable prospects of success and no other compelling reason for the appeal to be heard.

Magistrate André Aucamp had refused bail for Jacobs and Bezuidenhout on 17 Jan-uary, stating the onus was on them to prove exceptional circumstances justifying their release.

Sipuinzi noted that the court had taken into account the strength of the State's case, the seriousness of the charges, the likelihood that the accused would be found guilty and receive severe sentences, and the possibility that they could evade trial.

"When all the evidence and relevant legal principles are considered together, I am of the view that they have not succeeded in proving that exceptional circumstances are justifying their release on bail," Sipuinzi said.

She added there were no compelling factors demonstrating interference with the magistrate's findings.

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