By Ilhaam Hoosain
10 December 2007
Najwa Pestersen’s second bail application was refused today in the Wynberg Regional Court, after the bail application was launched on the basis of “new facts”.
Robert Henney, presiding Western Cape regional court president said that Petersen hopelessly failed to convince the court that there were substantial and compelling new facts to justify her release on bail according to SABC news.
According to him she had misled the court in the first bail application to believe that her unstable mental state had cause to be a suicide risk, justifying her release from custody.
Henney goes on to say that this bail application did not work because of the fact let to the dismissal of her first bail application, on the grounds that her suicide tendencies in fact made it safer for her remain in custody.
Petersen faces trial for the alleged murder for her husband theater personality Taliep Petersen. The judge said that the mere fact that she misled the court in the first application was adequate reason to dismiss her second application.
“Her bona fides as an application in the bail application was of utmost importance and no court should allow an accused to mislead it, and to abuse the justice system, and get away with it,” says Judge Henney.
Herbert Raubenheiner, Petersen’s defence counsel, notified the court that his client would appeal this ruling as well.
Picture: www.news24.com
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