Public outrage follows court's acquittal in Candice Robertson murder case
Candice Robertson, was allegedly strangled at a guest house in Green Point in April 2022.
Image: file
Civic organisations have expressed outrage at the court’s decision to grant the man accused of murdering his girlfriend, Candice Robertson, at a guesthouse in Green Point four years ago a discharge and acquittal.
Ettienne van der Merwe’s defence team brought an application for a Section 174 discharge this week, arguing that the state did not prove its case. Robertson was found dead at the guesthouse in Green Point in April 2022.
The state's case was that Van der Merwe phoned the owner of the establishment claiming that she had committed suicide. When law enforcement and medical personnel arrived at the scene, suspicions were immediately raised that Robertson may have been murdered, and Van der Merwe was arrested.
Civic organisation Action Society, which has been following the proceedings, said it was deeply concerned by the court’s decision.
Action Society stated that during the trial, the state presented testimony from forensic experts that raised serious questions about the accused’s version of events.
It detailed that a SAPS forensic specialist testified that the bracket allegedly used for the hanging failed a weight-bearing test instantly. “The expert also noted that the horizontal marks on Robertson’s neck were more consistent with strangulation by a belt than with the V-shaped marks typically associated with a self-inflicted hanging,” the organisation stated.
“A forensic pathologist further classified the death as unnatural and testified that facial congestion and bruising could indicate strangulation. The pathologist also noted that there were no signs of the CPR the accused claimed to have performed.”
The defence submitted a Section 174 application, arguing that the state had not produced enough evidence to connect Van der Merwe to Robertson's death. The magistrate concurred with these concerns, finding that both the police investigation and the evidence presented in court were insufficient to prove Van der Merwe's guilt in Robertson's murder beyond a reasonable doubt.
Action Society’s Western Cape Action Centre head, Kaylynn Palm, said the outcome is devastating for Robertson’s family.
The Robertson family has carried the weight of this case for nearly four years, hoping that the truth about Candice’s death would be established in court. Today’s ruling means they will not see accountability for her death through the criminal justice system. The family is devastated and will now have to find closure another way,” said Palm.
Palm added that the case again highlights how critical the quality of police investigations is in cases involving suspicious deaths: “When a case collapses through a Section 174 application, it means the court found that the state’s case was not strong enough to even require the accused to present a defence.”
Action Society said it will continue advocating for stronger investigative capacity and accountability in cases involving the suspicious deaths of women so that families are not left without answers.
In 2023, the woman’s family also expressed outrage after the matter was provisionally struck off the roll.