The Benoni Regional Court granted Jacques de Lange and Sampie Hearn bail of R7 500 each on May 24 after their appeal succeeded.
The pair applied for bail after Magistrate Ian Cox granted them leave to appeal against their conviction and sentence.
They were given strict bail conditions, such as presenting themselves to the clerk of Benoni Court within three days after judgement before 15:00.
The must hand in a written notice of any change of work or residential address. In the event that the appeal is withdrawn or removed from the court roll, they shall surrender themselves at the court between 08:00 and 15:00.
De Lange and Hearn appeared in court with Gideon Fourie after having spent two weeks at the Modderbee Correctional Centre as they began their prison terms.
Fourie was sentenced to 15 years’ imprisonment on May 9 for murdering Daniël Botha (26) who died after being assaulted at Dingo’s Pub in Lakefield on July 26, 2018.
His co-accused, De Lange and Hearn, both convicted of assault with the intent to cause grievous bodily harm, were sentenced to five years’ imprisonment each. De Lange and Hearn were also handed a further two years’ imprisonment, suspended for five years, on condition they are not again found guilty of any form of assault.
During proceedings, Fourie declined to proceed with his appeal and it was postponed to June 7.
An affidavit read in court by de Lange’s attorney, stated that his clients release will not undermine or jeopardise the objectives of a proper function justice system. He said the living conditions in prison are not conducive for living and he will be a soft target in prison.
He added that he cooperated with the police after his arrest and conviction. He also pointed out that while on bail, he never missed a court appearance and if granted bail, he will attend proceedings until the finalisation of the appeal.
“I will not evade the trial and I’m not a flight risk,” the statement said.
Hearn mentioned in his statement that if he is not released, his family will suffer not only financial hardship but emotional trauma.
Addressing the court, Prosecutor Basil Marishane argued that the two not be released on bail considering the nature of the offence. He added that this will undermine the confidence of the public in the justice system.
Meanwhile, Daniël’s father, Danie Botha (56), said he was disappointed by the outcome of the appeal.
Also Read: WATCH: Daniël Botha murder: family hoped for 15-year sentence for all three accused
Also Read: Botha case was ’emotionally draining’ says investigator
