Bail denied for father accused of murdering wife as children's welfare takes centre stage
A father accused of murdering his wife over alleged infidelity faced a third bail denial, as the Western Cape High Court prioritises the uncertain welfare of their three children.
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The Western Cape High Court has denied bail for the third time to a father accused of murdering his wife, with the welfare of their three children being the primary concern.
Acting Judge Roy Barendse highlighted that the children's best interests must come first in this case, where the father allegedly shot his wife three times out of suspicion of infidelity.
Barendse said that, while not absolute, the best interests of a child are paramount in any case that affects a child.
In the most recent bail bid, the court highlighted that the current location of the children – aged 18, 14, and 12 – was uncertain.
According to court documents, the father is the sole breadwinner and, before his arrest, was employed as a bus driver and owned a one-vehicle shuttle service.
In the lower court bail applications, it was stressed that he desperately had to go back to work to ensure that his children would not lose the roof over their heads.
“It appears that the report/s by the social workers pursuant to the investigation directed by the magistrate were not yet available. The matter cannot, therefore, be remitted to the court a quo.
“It is not known whether any of the children maintained a relationship with the appellant since his incarceration, whether they visit him, and whether, given the allegations against him, they see their way clear to living with him in the family home.
“The reports by the social workers will undoubtedly cast light on these and other relevant factors,” said acting judge Barendse.
In denying the current application, the High Court said that if the father and his legal team could get the reports from the social workers, he could bring another bail application based on new facts.
The State alleges that the man, on the evening of the murder, called his wife and asked her where she was.
“Her vehicle was fitted with a tracking device, and her telephonic answer was inconsistent with the data of the tracking device. He then allegedly contacted his wife's sister, informing her that he needed her and her husband to urgently come to his home for a meeting.
“The appellant fetched his sister-in-law and brother-in-law from Gugulethu and brought them to his home in Montevideo. En route to his home, the appellant allegedly told the relatives that he caught his wife cheating again, showed them the data of the tracking device, and told them that his wife had lied to him about her location.”
An argument between the appellant and his wife ensued, witnessed by the other couple. During this argument, he allegedly uttered words to the effect that 'I will rather go to jail'. He allegedly left the living room and returned with a firearm.
The man fired three shots at the deceased. After the first shot, the witnessing couple fled to the garage for safety. He then threatened to shoot himself in front of them.