WATCH: Family devastated as court acquits man accused of murdering Candice Robertson
Candice Robertson
Image: File
The family of Candice Robertson has been left devastated after the man accused of her murder was acquitted in court on Monday.
Robertson, 34, was found dead at a guesthouse in Green Point on 30 April 2022. Her partner at the time, Etienne van der Merwe, had phoned the owner of the establishment claiming she had taken her own life.
However, when police and medical personnel arrived at the scene, suspicions were immediately raised that Robertson’s death may not have been a suicide.
Van der Merwe was arrested shortly after the incident but was later released on R6 000 bail.
Nearly four years later, the case took a dramatic turn when the Regional Court granted a Section 174 application brought by the defence, effectively acquitting Van der Merwe after the court ruled that the State had not presented sufficient evidence to require him to present a defence.
For Robertson’s mother, Beverley Jane, the decision was crushing.
“My daughter’s murderer walked free today,” she said after the ruling.
During the trial, the State called several forensic experts whose testimony cast doubt on the accused’s version of events.
A SAPS forensic specialist told the court that the bracket allegedly used in the supposed hanging failed a weight-bearing test almost immediately.
The expert further testified that the horizontal marks on Robertson’s neck were more consistent with strangulation using a belt, rather than the V-shaped marks typically seen in a self-inflicted hanging.
A forensic pathologist also classified the death as unnatural, adding that facial congestion and bruising could indicate strangulation. The pathologist also told the court that there were no signs of cardiopulmonary resuscitation (CPR), despite the accused claiming he had attempted to resuscitate Robertson.
Despite this testimony, the defence argued that the State had failed to link Van der Merwe directly to Robertson’s death.
The magistrate agreed, ruling that the investigation and the evidence presented did not prove beyond a reasonable doubt that Van der Merwe murdered Robertson.
The decision has left Robertson’s family grappling with unanswered questions.
Her younger sister, Meagan Croats, said the outcome was not what the family had expected after nearly four years of waiting for justice.
“There were a lot of things running through my mind. It wasn’t really expected. We expected a different outcome,” she said.
Croats said it was particularly difficult to accept the ruling after hearing expert testimony during the trial.
“It’s sad because people testified in court saying it leans more towards strangulation rather than suicide.”
She said the family now faces the painful reality of having to find closure without answers.
“Now we are left with unanswered questions. There is just a big question mark. How do we find closure with an outcome like that?”
Croats described the emotional toll the case has taken on the family.
“There is a lot of frustration and hurt. For four years we thought we were going to get closure.”
She also recalled the moment the verdict was delivered.
“The look on his face, like he had this gloat, it's the same look he had from the very beginning of the case. It’s a tough pill to swallow.”
Croats also questioned why certain potential evidence was never presented in court.
“My phone was taken for a couple of months because of voice notes Candice had sent about the abuse, but it was never used,” she said.
The loss has been particularly devastating for their mother.
“Since Candice’s death she hasn’t been handling it well, and you can understand Candice is her daughter. She raised us alone as a single mom for many years until she remarried, and for a man just to come and take her away from us.”
Advocacy group Action Society has also expressed concern about the outcome.
Western Cape Action Centre head Kaylynn Palm said the ruling was heartbreaking for the 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.”
Palm said cases collapsing through Section 174 applications raise serious questions about the quality of investigations.
“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. That places the spotlight squarely on the investigation and whether enough evidence was gathered.”
Action Society says it will continue advocating for stronger investigative capacity in cases involving the suspicious deaths of women.