The Schedule 5 offence, faced by Marthinus Pelser, will make it harder for him to receive bail, should he apply for it, according to a local attorney.
Pelser made his second appearance in the Roodepoort Magistrates’ Court on 22 June where his case was postponed to 28 July. After his six-month-old son was found on 11 June with burn wounds and a fractured skull, Pelser went on the run.
He was eventually arrested by police on 15 June. On 17 June he made a brief appearance in court and was informed that the state had apposed bail as he is facing a Schedule 5 offence.
According to Lexis Nexis, a legal research provider, a Schedule 5 offence includes treason, murder and rape among others. A Schedule 6 offence includes planned or premeditated murder.
June Marks, a Johannesburg attorney from June Stacey Marks Attorneys explained that a Schedule 5 offence would make it harder for the accused to apply for bail.
“Instead of providing the court with an affidavit, he will likely have to bring witnesses and testify as to why he believes it is in the interest of justice to get bail. It is not presumed that one deserves bail for a Schedule 5 offence, that is why the formal bail application is made,” she said.
Marks added that a case like Pelser’s could drag out for years, because it is more likely that the case will be postponed a lot. She said if it was moved to a higher court, the trial could be speedier.
Marks also said a Schedule 5 offence normally has a minimum sentence of 15 years, depending on how Pelser will plead.
“He might enter an agreement with the state, where a sentence will be agreed upon or he could face a minimum sentence of 15 years in prison,” she said.
Pelser will again appear in court on 28 July.
Related articles:
BREAKING NEWS: Pelser appears – does not apply for bail (Video)
Journalist recounts what happened when Pelser was arrested
