Iuze Mukube 

Magistrate Monica Andjaba heard the final arguments on Friday on whether Wentzel Maasdorp is a suitable candidate to be granted bail. She reserved the ruling for 7 February 2025. 

Maasdorp is accused of murdering his ex-girlfriend Delia Weimers-Maasdorp, stealing her motor vehicle, and theft. 

Maasdorp’s defence counsel, Samuel Shinedima, contended the accused had a good standing in the community, supported by his job as a tow-truck driver for many years. 

He said allegations by the State that they have a strong case against the accused cannot be used as the stand-alone basis on which to evaluate granting of bail. 

Shinedima said his client will also suffer loss of income to support his family while in detention. 

The accused has four minor children, all of whom are school-going. He further said Maarsdorp would abide by all bail conditions expected of him, including, if ordered by the court, wearing an electronic monitoring device [ankle bracelet]. 

Shinedima said the accused would not interfere with witnesses as he has no relation to any investigation officer, and there is no fear of reoffending as his pending case of housebreaking was a mere misunderstanding. 

Prosecutor Erick Naikaku argued vehemently against the granting of bail, pointing out that the accused had failed to prove he has a good standing in the community, as he is an abuser of crack cocaine. This, Naikakua submitted, raises concerns about potential behaviour, and his subsequent actions of stealing the accused’s things and selling them raises questions about his character. 

He said there is fear of reoffending since the accused had committed this heinous crime of murder while he was out on bail on another matter of housebreaking, “so what will stop him from committing another (crime)?” 

Further, Naikakua argued, Maasdorp had failed to show he is financially supporting his children, based on his minimal salary, and that he had lived on the charity of others, including the deceased. 

Maasdorp’s credibility was also questioned, especially when he tried to implicate the investigation offers that they had pressured him to confess the crimes after his arrest. 

The prosecutor told the court that it was proved that he had been told by his lawyer that he could remain silent the day after his arrest, but he himself had requested to confess, which shows he takes no responsibility for his own words. 

“As such, how are we to trust that he will abide by the bail, conditions?” asked Naikaku. 

He indicated a witness had testified of the fear his daughters would feel on knowing that the murderer of their mother was walking out there free. 

Naikaku pointed out the onus is on the accused to demonstrate that he is a suitable candidate for bail and cannot simply rely on flaws in the State’s evidence. 

“It is his responsibility to provide compelling reasons and assurances that his release will not compromise the interests of justice,” he said. 

The prosecutor added that there is an epidemic of people preying on vulnerable women and children, pointing out the seriousness of the crime of murder in the domestic setting, and called that the court must ensure the accused stands trial in this matter. 

-mukubeiuze@gmail.com