SWORN AFFIDAVIT

____________________________________________________________________

RHYNHARDT SWANEPOEL, state in English under oath,

1.

I am a Lieutenant in the SA Police Service attached to the Organized Crime Unit,

Port Elizabeth. I am the investigating officer in this matter, Kabega Park CAS
229/04/2015. I have been utilized as a Detective for 26 years. I have 30 years
service in the SA Police Service. I can be contacted at 041-3936000.

2.
I dont wish to repeat the charge sheet. I have consulted with officials at the office of
the Director of Public Prosecutions and can inform the court that the applicant will be
arraigned in the High Court on the charges as has been formulated.
3.
I now wish to deal with the States case against the applicant. Each allegation that I
refer to is at present being supported by evidence contained in affidavits and does
not refer to information contained in any confessions or pointings-out made by the
co-accused in the matter. The case against the applicant can be summarized as
follows:

The applicant and the deceased have been married for approximately two
years. They have been in a relationship for the past eleven years;

The applicant and the deceased resided in a townhouse at 19 Stellen Glen

Complex, Deacon Street, Kabega Park, Port Elizabeth;

The applicant has a 10% business interest in the OK Grocer, Algoa Park and
he is also the owner of the Infinity Club, a cocktail bar adjacent to the OK
Grocer. Accused 1 was employed by the applicant as a bouncer/ security at
this Club;

The applicant has been involved in a sexual extra-marital relationship with a

female working at the OK Grocer for the past three years. The applicant
bought her numerous gifts, they met secretly at hotels, restaurants and even
at the applicants house when the deceased was with her parents on a
parental farm;

The father of the applicant loved the deceased as his own daughter. During
approximately October 2014 it came to the attention of the applicants father
that the applicant was involved in this extra-marital relationship. The
applicants father informed the applicant in no uncertain terms that if the
relationship were to continue the applicant would run the risk of being
disinherited. The applicants father however decided not to bring the state of
affairs to the attention of the deceased. Despite promises by the applicant the
relationship continued;

The mistress of the applicant was not completely at ease with the applicant
getting married to the deceased and often raised her frustrations and voiced
her anger at the applicant. The applicant then had to turn to the best friend of
the mistress to assist him in calming the situation down. The applicant went
as far as to buy expensive gifts for the friend of the mistress for her assistance
in smoothing the secret love affair over. At times the best friend was also
invited over to party with the applicant and his mistress at his house whilst the
deceased was on the farm with her parents;

The deceased was a schoolteacher at Riebeeck College in Uitenhage. She

was part of a lift club that travelled to Uitenhage. She would drive to
Uitenhage every alternative week, and during the other weeks she would wait
outside the Stellen Glen Complex in Deacon Street from where she would get
a lift to Uitenhage, being fetched at about 6h30 6h40 in the morning;

Roundabout September 2014 the applicant approached accused 1 to source

a hitman/ shooter to kill someone. At that stage it was not discussed who the
person to be killed was. Accused 1 approached at least three potential
hitmen without success. During the course of events it became known to
accused 1 that the person to be killed was the deceased. The applicant
explained that his wife was spending too much money and he felt he was
being forced into buying a house against his will. The applicant was eager for
the deceased to be killed before the holidays as it would be difficult to kill her
if she was not travelling to Uitenhage;

The father of the applicant was not in favour of the applicant purchasing a
house in Port Elizabeth. He voiced his concern to the applicant and indicated
his daughter should stay in Uitenhage where she was a schoolteacher and
the applicant should travel to Port Elizabeth. The deceased and applicant
however proceeded in buying a house to the value of R2,2 million in
Lovemore Estate, Port Elizabeth. The deceaseds parents agreed to assist
them with an amount of R250,000-00. In light of the applicants decision to
proceed to buy a house in Port Elizabeth he decided not to approach his
father to assist him financially in the purchase of the house;

On 13 March 2015 the applicant approached a financial institution in order to

obtain a loan, for the amount of R150,000-00, in order to pay the transfer cost
of the new residence. Due to the over commitment in his financial position this
institution declined the application. The loan for the amount of R151,000-00
was approved. The monies were transferred to the account of the applicant
from where the transfer duties were paid;

During February 2015 accused 1 approached accused 3 and he agreed to kill

the deceased;

The applicant agreed to pay an amount of R70,000-00 to have the deceased

killed. Unbeknown to the applicant accused 1 would profit R30,000-00 and the
balance of R40,000-00 would be paid over to the shooter;

Accused 3 then however disappeared and only made contact with accused 1
early in April. Accused 3 indicated the need to rent a vehicle. The applicant
paid an amount of R3,000-00 towards the R6,000-00 to rent the vehicle;

On 9 April 2015 accused 3 rented a vehicle in order to execute the plan in

killing the deceased. The vehicle rented by accused 3 was however equipped
with a tracker device;

A plan was put into operation to kill the deceased. Accused 1 and accused 3
would be at Infinity Pub and Grub. The applicant would invite the deceased to
Infinity for Sunday lunch where she and her vehicle would be pointed out to
accused 3. Accused 3 and others would then follow her and kill her along the
way. This plan never materialised as the deceased did not want to go to the
Infinity Club;

The applicant then suggested that the hitmen follow her whilst travelling in
the vehicle of her friend to school and then kill her. The applicant furnished
the details of the friend and vehicle to accused 1 who in turn passed it on to
accused 3. Accused 3 on at least two occasions went to the friends
residential address. This is confirmed by both cellular phone mapping and the
tracker in the vehicle. The information regarding the location of the friends
residence could only have been furnished by the applicant. The residence is
completely off any main roads. On the day that the deceased was to be killed
it however rained to hard and the plan was abandoned;

The applicant then suggested that the deceased be killed outside the gate
where she is fetched by her friend to travel to Uitenhage. The applicant
indicated it had to look like a robbery or hijacking;

Accused 1, having been shown by the applicant where the deceased waits for
her lift in the morning, identified the deceased to accused 3 and also pointed
out to him from where the deceased is collected;

Prior to 21 April 2015 accused 3 visited the pick-up point of the deceased on a
number of occasions in order to scout the surroundings and movements of the
deceased. This is indeed confirmed by both cellular phone mapping and the
tracker in the vehicle;

On the morning of 21 April 2015 accused 3 went to the Stellen Glen Complex
in Deacon Street. He circled the complex before stopping by the deceased.
The deceased was assaulted with blunt force to the head and kidnapped from
where she was waiting for her lift. Accused 3 placed her in the boot of the
rented vehicle and travelled in the direction of KwaNobuhle. In close proximity

to the Rooihoogte road he stopped the vehicle, removed the deceased from
the boot and carried her, a distance into the veld, where she was shot twice
through the back and at close range through the head. Accused 3 then
phoned accused 1 from this scene to inform him he has completed the job
and wanted payment. From there accused 3 travelled to KwaNobuhle where
he withdrew R1,500-00 from the account of the deceased. Accused 3 later
travelled to Kwazakhele where he attempted to withdraw another amount, but
the card was withheld as the incorrect pin number was entered;

Accused 1 made contact with the applicant and informed him the job has
been done and payment was required. That same evening the applicant
travelled into Kwazakhele where he met accused 1 and paid the money over
to accused 1. Accused 1 was with his girlfriend when the applicant arrived.
The total payment, payment for accused 1 and accused 3, was left with the
girlfriend of accused 1. The cellular mapping of both the applicant and
accused 1 confirm this meeting and the girlfriend of accused 1 confirm the
handing over of the money;

Accused 3 later that same evening collected his money from accused 1. This
meeting is also confirmed through cellular mapping and the tracker in the
vehicle;

A day later accused 3 contacted accused 1 and demanded more money.

When accused 1 conveyed this to the applicant he was given a R1,000-00
and told to destroy both the sim-card and cellular phone. Accused 1 only
changed his sim-card;

Accused 1 was, unbeknown to the applicant, arrested on 26 April 2015;

Upon the arrest of accused 1 he immediately identified the applicant as the

mastermind behind the killing of the deceased and accused 3 as the shooter
of the deceased. Accused 1 also handed his R30,000-00 received from
accused 1 to the SA Police Service. Accused 1 decided to fully co-operate
with the SA Police Service;

On 28 April 2015 accused 1 contacted the applicant indicating he needed

money. The applicant indicated that he could not talk. The investigative team
later contacted the applicant and enquired whether the applicant knows the
whereabouts of accused 1, how he can be traced and when last he had

contact with accused 1. The applicant indicated that he could not assist in that
regard. Subsequent to these calls the applicant in fact sent people to the
house of the girlfriend of accused 1 enquiring where he could be found.
During the course of the day on 29 April 2015 accused 1 sent a sms message
to the phone of the applicant furnishing him with a number where he could be
found. He further informed the applicant that the police are looking for him and
he needs to flee. The applicant then set up a meeting determining the meeting
point. Subsequent to the meeting being arranged the investigative team made
contact and once again enquired whether the applicant has any news about
the whereabouts of accused 1. The applicant denied any knowledge. Shortly
before the meeting the applicant phoned and changed the meeting point.
Accused 1 travelled to the meeting point with an undercover police official as
the driver of the vehicle. The vehicle was rigged with a sound and audio
recording device. The applicant arrived, circled the meeting point before he
stopped next to the vehicle in which accused 1 was seated. At 19h10 on 29
April 2015 the applicant climbed into the vehicle;

The applicant requested that the police official climb out of the vehicle which
he did. The applicant then removed his battery and sim-card from his own
phone and instructed accused 1 to do the same. The broad outline of the
conversation that followed can be set out as follows:

TS (referring to accused 1) Things arent right now.

CP (referring to the applicant) Why?

TS - Babalwa called me and said the police was there at my house.

Everything is changing now.

CP But why are the police after you?

TS I dont know. I think here is an informer somewhere, somehow.

CP Did these guys blit?

TS Which ones?

CP Your friend.

TS Sizwe.

CP Did they tell anything?

TS No, even them they are on the run.

CP Oh.

TS I told them they must not be here.

CP Where they going to?

TS They didnt tell me. I changed my sim-card.

CP Yes, but you need to change it again now.

TS After this we ..Im going to call you.

CP What.

TS Im going to call you on my new number.

CP No you are not. You just missed call me. Dont phone me or sms me.

TS Whats going on boss?

CP I dont know bru.

TS Hey, this thing I didnt see it was going to be like this.

CP Here.

TS What is this?

CP - Plus minus 5 (reference to R5,000-00). Where are you going to now?

TS Im going back to Jeffreysbay. Im worried about my family. Boss this

thing I didt know it was going to be like this. I thought it was going to be
easy.

CP Yes but why did they say to you when they fetched you the other
day.

TS They fetched me and then they asked me questions.

CP AndWhat did they ask you?

TS Fucking questions.

CP Hey .

TS Nothing serious boss.

CP - Tell me. Did they ask you if you were involved.

TS Yes sort of something like that.

CP So what did you say.

TS - those are the stupid ones.

CP So where did they take you?

TS They took me me the police station and there they took my

statement, but in my mind . You mos told me we will be investigated.

CP Yes.

TS - So I was ready for that, but I was not ready.

CP So why are you running away?

TS They keep coming to my house.

CP Did you take your phone anywhere?

TS Ja.

CP No, your other phone.

TS I destroyed it.

CP - Did you?

TS I told them to destroy it and then I destroyed it.

CP Yeah and the sim-card and everything. Did you throw it away?

TS Yes. Im not using the old number. Im using this number.

CP OK. So they didnt ask anything about me?

TS No.

CP Or if Im involved with anything?

TS No. Ja but havent they asked you?

CP Yes they have asked me, but now, but now youve been phoning me
all day and they have been tracing my phone.

TS The thing is, who could I call? I had no-one to call.

CP I know, but now you have to destroy that phone. I have to tell them
that you phoned me otherwise they are going to think that I am involved.

TS Ja.

CP So you need to destroy that phone now. The phone and the sim-card
my boy, both.

TS Ja.

At that point the applicant turned around towards accused 1 who was seated
behind him in the vehicle and searched him for a wire. (recording device)

TS I dont trust you now.

CP Im just checking.

TS Even me Im not trusting you now, just the thing of the police that are
coming to my house.

CP I swear on my life I didnt say anything, but they are obviously seeing
who I have been phoning. They are taping my phone and my every
number I phone, they are investigating my family too.

TS ..

CP Somebody said something.

TS Ja, because its like murder thing now its not like a robbery or
something.

CP But thats what I said to you. It became kidnapping and and a murder
instead of just making it a robbery outside the house.

TS - I think about my family now. I think about Siyanda. I think about

the two little girls. I think about my gym.

CP They went to search you house says Siyanda.

TS Siyanda says so? You see.

CP But theres nothing there about it so stop stressing.

TS - . You know why Im actually stressing. Im not safe anymore,

because I have to run away even from Sizwe because I told you mos what
Sizwe said. That money was too little because now they running away too.

CP Yes, but it is because of them Thando. They made it the way they
did. They made it so big, but they have run away hey? How many of
them?

TS I dont know. I only know Sizwe.

CP Is it black guys or coloured guys.

TS Sizwe is a black guy.

CP And the others?

TS I dont know if hmmthe others, but I know Sizwe. I was

communicating with Sizwe.

CP Hmm.

TS But I dont know if Sizwe was walking alone.

CP OK. Listen to me. I am going to report that you phoned me now.

TS And then you going to call me?

CP No, but you are going to destroy the phone.

TS So you are going to give them my number.

CP Hmm, yes, I have to tell them. They investigating me. If I lie to them
they going to take me in. So Im telling you. In half an hour I am going to
phone the investigating officer. He was at my house now now, thats why I
cant talk to you all the time, and my uncle is all around me. So Im going
to tell them, hmm, that you came to see me wanting to borrow money

because people took you for questioning for steroids. You need to go and
hide in Jeffreys for a while and keep quiet.

TS .. Siyanda and what about the rent for the gym.

CP Yes, but I cant do anything because Im under investigation so I

cant just give over money all the time, so dont worry me and Siyanda will
talk.

TS Yeah.

CP OK. Are you going to hide out that side in Jeffreys.

TS Yeah Im going to stay a while there or maybe some

CP OK so Im going to say, you must destroy your phone now and the
sim-card, and Im going to say you said you going to East London.

TS .. OK..

CP Yeah I am going to be OK as long as they never know about us

Thando. I never ever, I only ever helped you with the gym, I never did
anything with you. Ill sort out your family, you hide low OK.

TS - ..

CP You need to be gone for a few months till this thing calms down.

TS If I need you I will missed call you.

CP No! Not on this number.

TS On what number.

CP You going to missed call me once and then you are going to wait
until I get another phone and sim-card.

TS Ja.

CP OK. Allright. OK. There is about five there you sort yourself out.

TS Yes.

CP OK, because I am all out now. This thing has cost me a lot of money.
The family is also looking at me.

TS Serious?

CP Yes. OK.

TS This thing is not right now.

CP No, these boys made it big. I told you to let them do it outside the
house and take the bags and the rings and then they didnt take the watch
or anything.

TS They just left.

CP They just left everything there. You see, so it looks like a hit now. So
they are after me, and thats why I cant just meet you in front of people
like this Thando.

TS OK.

CP OK. Dont phone me and dont sms, they are watching the smss
because you said.

TS Ja, but I sms you and you dont reply, me at the other side Im hiding
and then.

CP No, but you need to give me time. So from now you just give me one
missed call on this number first time and never again. Dont ever phone
me or sms me to this number because they are listening to us.

TS Even now?

CP Well yes, but I put it off. When you are talking on the phone they are
listening thats why I have to report this now. OK. Allright. I am going to
say you are going to East London.

TS OK. ..

CP OK. OK cheers.

TS So I need to missed call you.

CP Yes, but then you wait for me to phone you back. "

About an hour after the meeting the applicant phoned a member of the
investigating team. The members phone was on silent. When the member
returned the call to the applicant, the applicant informed him he had just
spoken with accused 1 and that accused 1 is on his way to East London. At
no stage did the applicant inform the police he was going to meet with
accused 1;

Later that evening the applicant was arrested at the house of his parents. By
that stage he had already purchased a brand new phone and sim-card.

4.
I hereby oppose bail because of the following reasons:

SECTION 60(4)(a)

It is likely that the accused, should they be released on bail, would endanger the
safety of the public or a particular person or will commit a schedule offence.
To enable the Court to adjudicate the grounds for Section 60(4)(a), the court may
take the following factors into account:
Section 60(5)(a) Degree of violence
I have already dealt with this aspect.

SECTION 60(4)(b)
It is likely that the accused, should he be released on bail, will attempt to evade his
trial.
To enable the Court to adjudicate the matter the following might be taken into
account:
Section 60(6)(a) Emotional, family, community or occupational ties of the accused
to a place.
Besides the property that the applicants family own in South Africa they also own
property in Cyprus to where he can easily move. The deceased and her mother had
visited these properties with the applicant.
Section 60(6)(b) assets held by the accused.
With all respect it appears the applicant only has debt. The residence at 19 Stellen
Glen Complex was purchased for an amount of R540,000-00 and at present the
outstanding amount is R583,000-00. The average selling price for similar units in the
complex is between R500,000-00 and R550,000-00. The applicant owes a further
R200,000-00 on his vehicle. He further owes R2,2 million on the Lovemore Estate
property. I have been informed that the monthly bond repayment on that amount
would be R20,000-00 per month. The applicant only earns a salary of R30,000-00 per
month. If the applicant leaves he will basically be leaving debt behind. I therefore
disagree with the propositions set out in paragraph 51.1 of the applicants affidavit.
Section 60(6)(f) Nature and gravity of the charge on which the accused would be
tried.

The charges which the State is confident will be proven are extremely serious as set
out above.
Section 60(6)(g) Strength of the case against the accused.
I am of the opinion that the State has a strong case against the applicant. The case
against the applicant most certainly does not rest solely on the evidence of a single
witness or on the evidence contained in the video recording. The proposition that the
applicant was only arrested after the meeting and therefore there was no evidence to
arrest him earlier is incorrect. A decision was taken to arrest him at the latest
opportunity before it became public knowledge that accused 1 had been arrested.
Section 60(6)(h) Severity of the punishment which is likely to be imposed.
I believe it has already been brought to the attention of all what the potential minimum
sentences are upon conviction. It is my understanding that it forms part of the charge
sheet. I hold the view that the prospect of life imprisonment is definitely a contributing
factor to making one a flight risk.
Section 60(6)(i) The binding effect and enforceability of bail conditions.
It is very difficult to enforce bail conditions on someone who has the means to flee
and have somewhere to go. The family of the applicant own property in Cyprus and
therefore he has somewhere else to go. The deceased and her mother had visited
these properties with the applicant. I therefore disagree with the sentiments echoed in
paragraph 51.2 of his affidavit. The well-known George Louka (Lolly Jackson murder)
was granted bail and his passport was handed in. He however walked across the
border to Mozambique from where he travelled to Cyprus. It took the authorities 5
years to get him back to South Africa. I have ascertained that there is no bi-lateral
extradition treaty between South Africa and Cyprus. Both countries are however
signatories to the European Convention, but this process take longer. I have noted
what is stated in paragraph 51.4 of the applicants affidavit. INTERPOL plays no role
in the extradition of a person. INTERPOL has informed me that extraditions are done
in accordance with a legal process governed by the Extradition Act, Act 67 of 1962.

SECTION 60(4)(c)
It is likely that should the accused be released on bail that he would attempt to
influence or intimidate witnesses.
In considering if there are grounds the Court may take into account the following:
Section 60(7)(a) Familiarity of accused with witnesses.
At this stage of the bail application the applicant will be well aware that the present
accused 1, the girlfriend of accused 1, his mistress, Chanelle Coutts, her friend
Clarissa Kapp and Christine Swanepoel are very important witnesses against him.
The applicant also knows the addresses of all these witnesses. He has not only
shown his ability to interfere with witnesses and destroy evidence, but he had
absolute no problem in involving Christine Swanepoel in his plan and making her
details available to accused 1. It was with concern that the content of paragraph 58
of the applicants affidavit is noted. I cant think how it would come about that the
applicant is led to believe the witness will be held in a witness protection programme.
I find it puzzling that someone as the applicant would be concerned about the
whereabouts of the most important witness against him.
Section 60(7)(c) Has the investigation been completed.
The investigation has not yet been completed. Forensic and DNA evidence are
outstanding. (Touch DNA on money retrieved as well as the analysis of cellular
phone data and retrieval previously deleted information). These results are extremely
important as the State is attempting to link the money found in possession of
accused 1 and accused 3 back to the applicant. The investigation will however be
completed within the next three months.
Section 60(7)(d) Relationship of the accused with witnesses and the extent to
which they would be influenced.
It is my submission that the applicant has or has had a very close relationship with at
least present accused 1, Chanelle Coutts and Clarissa Kapp. This makes it so
much easier for the applicant to influence the witnesses. Special mention needs to
be made about the position of Coutts. In the absence of the applicant she runs the
OK Grocer, and with her testifying against the applicant her job is most certainly on
the line. There is therefore a great opportunity for her to be influenced.

Section 60(7)(e) Effective prohibiting of communication between accused and

victims.
In this modern era of cell phones and other technologies it is impossible to prohibit
communication should they be released. The video/audio recording also indicates
the applicants understanding of how to circumvent normal detection of
communications.

SECTION 60(4)(e)
Likelihood that accused would disturb the public order and peace and security.
In considering if there are grounds the Court may consider the following:
Section 60(8)(A)(a) Sense of shock and outrage of the Community.
The Community is outraged by this incident and it was, and is still reported in all the
major newspapers all over the country. The application by Times Media to broadcast
proceedings is a further indication of the outrage. Crime is the one concern that
crosses all borders and affects all people. It is known that most citizens view the
Justice cluster as ineffective. I however believe in our Justice system, with all its
shortcomings and thus I believe that the applicant must not be released on bail.
Section 60(8)(A)(e) will the release of accused undermine public confidence in the
Justice System.
It is clear that the Community is in uproar because of this incident. They fear that the
applicant will abscond and that their alleged ability to thwart jail would become true.
It is expected by the Community that Justice should be served.

4.

I have had insight into the affidavits submitted by and on behalf of the applicant and
wish to respond on certain of these aspects.

Paragraphs 6 - 13
In these paragraphs the applicant refers to the conditions in prison. I have enquired
and was told the conditions are not as portrayed in the applicants affidavit. I have

arranged that an affidavit be obtained from the Department of Correctional Services

in this regard. I also enquired and ascertained that at no stage did either the
applicant or his legal team complain to Correctional Services regarding the
applicants detention. Neither has any court application been brought against
Correctional Services regarding his detention.
Paragraphs 25 29
It would appear that the applicant is nothing more than a store manager at the OK
Grocer. He did not buy a share in the business. He was given a share and he draws
a salary of R30,000-00. I find it hard to believe that the 90% shareholders in the OK
Grocer will not be able to find a suitable manager to run the business at a cost of
R30,000-00 per month. I am convinced that the 90% shareholders will not allow a
business entity with a turnover of between R4m R6m a month to run to ground.
Towards the end of 2014 the mother of the applicant started assisting the applicant
in the running of the business.

Paragraphs 38, 51.6 and 54

Mention is made about the Oscar Pretorius case, the Dewani matter and in
specifically paragraph 54.1 of the Van Der Vyver matter. I do not know if the State
had a strong case in those matters, but I certainly wasnt the investigating officer. I
do however wish to state that personally I have often agreed to accused being
released on bail based on the fact that the State does not have a strong case. It has
strangely come to my attention that at the time of the murder accused 3 was out on
bail because it was alleged by the State that the case was not strong against the
accused.

Paragraph 51.6.3
Mention is made of the fact that accused 1 is going to be a section 204 witness. I do
not know who the source of information is for the applicant. I can inform the court
that the only agreement in place between accused 1 and the State is that in the
future he will testify against the applicant and that in conjunction with his legal
representative an affidavit has been furnished to the State. The status of accused 1
is however the subject of a privileged discussion between his legal team and the
State. Mention is further made of entrapment. Once again I do not know who the

source of information is for the applicant. No entrapment took place at any stage. All
the offences had already been committed. I have earlier referred to a recorded
conversation between accused 1 and the applicant on 29 April 2015. I also just wish
to add that the evidence against the applicant is most definitely not reliant on the
evidence of a single witness. The one cautionary rule will most definitely not exist.

Paragraph 53
The applicant deals with a number of aspects in this paragraph. I find it strange why
it is suggested that no motive has been raised as it has not been expected of me to
disclose the motive. The motive for killing the deceased is actually very simple. The
applicant was in financial difficulty. He hardly managed to keep head above water.
He was now in the process of acquiring a further R2,2 million debt which meant it
would be impossible for him to keep his mistress and wife happy. He was being
forced into creating more debt so he decided to have the deceased killed, not to gain
financially but to curtail his ever increasing debt.

Paragraph 53.6
This must be the most speculative proposition ever made. The applicant was
arrested just prior to it becoming known that accused 1 had been arrested as he
would then become a flight risk. From the time of the arrest of accused 1 it was
decided to arrest the aaplicant. The time period from the arrest of accused 1 until the
arrest of the applicant was used to find corroboration for the version of accused 1.

Paragraph 56.1.4
The applicant has already shown his ability and deceitfulness when it comes to
cellular phones.

Paragraph 58
I am in the process of following up this allegation but can confirm that neither myself
nor the prosecutor were involved in some agreement with any magistrate to deny the
applicant bail. I see this allegation as an insult to the court.

Paragraph 62

It should be clear from what has been set out under paragraph 3 above that the
applicant has already instructed that evidential material be destroyed. I here refer to
the sim-card and phone used by accused 1 to initially communicate with the applicant
and accused 3. He further instructed accused 1 during the 29 April meeting to destroy
the phone and sim-card used. During this meeting he also instructed accused 1, the
direct link to the applicant to disappear and gave him approximately R5,000-00 to
disappear.

Paragraph 65
The applicant is correct if he states that after his arrest he has never furnished the
police with any false information, but prior to his arrest he most definitely furnished
false information and also withheld essential information.

Paragraph 80.2
I am not really in a position to comment on this proposition. I have however
ascertained that trial dates are regularly available depending on the availability of the
respective legal practitioners. In the affidavit of Alwyn Griebenow mention is made of
the Leunberg matter and the Karin Van Der Merwe matter. I have been informed by
the staff of the office of the Director of Public Prosecutions that both these matters
had been postponed on a number of occasions because of the unavailability of
counsel and/ or the fact that certain dates did not suit counsel.

Paragraph 80.5
I have been informed that the necessary arrangements can be made for counsel to
consult at the High Court once the matter has been set down for trial. Up to this point
neither myself, nor the prosecutor has been approached to assist in this regard.
Paragraph 7 of Alwyn Griebenows affidavit
I find this allegation extremely strange as this is a bail application. Never before has it
been brought to my attention that a bail court first has to rule whether evidence is
admissible before it is to be considered at a bail hearing.

General
The applicant never deals with his relationship with the deceased in any way in his
application. The affidavits of both his parents deal in more detail with his relationship

with the deceased. The high water mark is that the applicant alleges that he and the
deceased was in love and got on very well. It is no wonder that the applicant had to
google a eulogy that he tweeked and read at the funeral of the deceased. No
mention is made in his affidavit of his relationship with Coutts.

I lastly wish to state that the investigation is ongoing and if certain further relevant
information becomes available before Wednesday I am obliged to bring that to the
attention of the court.

5.

In view of the facts as stated above it is my submission to the Honourable Court that
firstly, there are no exceptional circumstances that warrant the release of the
applicant on bail, and secondly that it would not be in the interest of justice to release
the applicant on bail, and therefore I believe that bail should be refused.

I know and understand the contents of the above statement.

I have no objection to taking the prescribed oath.
I find the prescribed oath to be binding on my conscience.

Port Elizabeth
2015 / 05 / 18
______:______

_________________________D/Lt.
R. SWANEPOEL

I certify that the deponent has acknowledged that he knows and understands the
contents of the above statement. This statement was sworn to before me and the
deponent signature was placed thereon in my presence on this 18th day of May 2015

_____________________________
Commissioner of Oaths
_____________________________
SA Police Service
_____________________________

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