Sparks fly as Lifman murder case gets ready for regional court

Update

GEORGE NEWS - Tensions ran high in the George Magistrate’s Court on Tuesday morning, 6 May, during a procedural hearing in the high-profile murder case involving the alleged underworld figure Mark Lifman, who was shot and killed at the Garden Route Mall on 3 November last year.

Accused of involvement in Lifman’s killing, Gert Bezuidenhout and Johannes Jacobs appeared alongside their defence counsel, attorney Bulelani Bans, who launched serious accusations against the prosecution.

Bans, appearing on record for both accused, confirmed no objection to the matter being postponed to 1 July for a regional court appearance in the George Regional Court.

However, he argued vehemently that the State had misled the court by suggesting the investigation was nearly complete in previous proceedings.

“The court will recall that on 15 April, the State indicated the investigation was at a satisfactory stage, but could not confirm whether it had been finalised,” Bans pointed out. He alleged that the State’s request for a remand was a strategic move to avoid a Section 342A enquiry into unreasonable delays in the trial.

According to Bans, following their last appearance, the defence had requested a copy of the docket and accompanying statements on 16 April, only to be informed that further evidence and forensic affidavits were still outstanding.

“This clearly shows the investigation was not finalised at the time,” he said, describing the State’s conduct as a ‘tactical aversion’.

He added that while some forensic reports have since been obtained and the docket is currently being scanned, the attempt to secure a regional court date prematurely was “misleading and undermines the justice system”.

Bans also raised concerns over the difficulty in consulting with his clients, who are being held at a correctional facility hundreds of kilometres away, limiting their conversations to brief phone calls.

The court echoed Bans’ concerns in a stern rebuke of the prosecution’s handling of the case.

“What leaves a sour taste in the mouth of the court is that a prosecutor misled the court into thinking the investigation was finalised,” Magistrate Nasiba Khan said.

“I don’t like being misled. The State mustn’t play games - it undermines the justice system. I’m very furious that it happened.”

Despite the sharp criticism, the State assured the court that the case is now ready to proceed to the regional court, and that full docket copies will be made available to the defence.