Dr Louis Heyns - Western Cape Murder Case

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Three more men are being questioned in connection with the murder and robbery of Dr Louis Heyns, Western Cape police said on Thursday.

Captain Frederick van Wyk said the men, between the ages of 22 and 29, were arrested late on Wednesday.

He said one of them was a police official but he could not reveal his rank.

Three men have already appeared in court in connection with the crimes.

Marthinus van der Walt, 33, his brother Sarel, 42, and Malmesbury businessman Juan Liedeman, 37, appeared in the Somerset West Magistrate's Court on Monday.

The Cape Times reported that the brothers were told they would be charged with murder and robbery, while Liedeman faced a robbery charge.

According to the newspaper, the charge sheet stated Heyns had been kicked and hit with fists near De Beers Avenue at Somerset Mall on May 22.

The charge sheet reportedly stated further that, in the same vicinity, he had been robbed of his vehicle, a gold ring, a cellphone, a pair of takkies, and two cards.

His body was found in a shallow grave in Strand a week ago.

Liedeman would apply for bail in the Western Cape High Court later on Thursday.

National Prosecuting Authority Western Cape spokesman Eric Ntabazalila said they intended opposing the application.

The case would resume in the Somerset West Magistrate's Court on Monday.


Source : Sapa /je/fg/jk
Date : 06 Jun 2013 10:24
 
Magistrate Misdirected: Lawyer

A magistrate was misdirected in postponing the case of three men arrested in connection with the robbery and murder of Dr Louis Heyns, the Western Cape High Court heard on Thursday.

"He [the Somerset West magistrate] made no enquiry as to why they [the State] need seven days. He even said he's a creature of statute," lawyer William Booth said.

Booth was representing 37-year-old Juan Liedeman, who was charged with robbery with aggravating circumstances after Heyns's vehicle was found on his Malmesbury business premises two weeks ago.

His co-accused, Marthinus van der Walt, 33, and his brother Sarel van der Walt, 42, were charged with Heyns's murder.

The body of the Stellenbosch University medical professor was found in a shallow grave in Strand last week.

Booth wanted the Western Cape High Court to urgently review Magistrate NB Magutywa's decision to postpone the matter for a full seven days, the maximum time allowed in terms of the Criminal Procedure Act.

If the high court set aside this decision, the matter would be sent back to the lower court and allow Liedeman to apply for bail this week still.

The three are due back in court on Monday.

At their last appearance, the State requested a postponement to allow the provincial Director of Public Prosecutions, Rodney de Kock, to decide what schedule the crimes would fall under.

The schedule of a crime can dictate in certain cases that exceptional circumstances must be proved for an accused to be released on bail.

Booth said his client was in no way involved in Heyns's murder.

"He was not at the [murder] scene or in any way involved with the taking of the vehicle or robbery, when he [only] came into possession of it [the vehicle] later. How can he be linked?" Booth asked.

Judge Siraj Desai argued that Liedeman's role was still being determined and that the postponement had likely been granted to allow the State time to investigate the circumstances.

"In this case, as the case develops, his precise role will become apparent when the State unfurls its whole case... .Why do you want to prejudice the State's case?" he asked Booth.

The judge said the State had an entitlement, in a case as serious as the present one, to proceed at a "steady pace".

Booth said "media hype" had caused his client to be bundled up with his co-accused's situation.

He believed that allowing Liedeman to be released on bail with stringent conditions would not jeopardise the case as he was not a flight risk and would not interfere with the case or witnesses.

Desai said the blame for any hype could only be placed on Liedeman, and not the media.

"Your client, by taking this car, chopping this car [taking it apart to sell for scrap], pulled himself into the vortex of the offence," the judge said.

"We can't just go on words [in his affidavit]. You have to be realistic about the context of criminal justice."

Prosecutor Samantha Raphaels told the court the State intended opposing Liedeman's bail application on Monday.


Source : Sapa /je/hdw/th/rod
Date : 06 Jun 2013 15:48 OrigID : LP632303
 
The State is entitled to a seven-day postponement in the case of three men held for crimes against slain Dr Louis Heyns, the Western Cape High Court ruled on Thursday.

Judge Siraj Desai said the law allowed for the Somerset West Magistrate's Court to agree to the request for this postponement.

He said the State was fully entitled to proceed at a "steady pace" in a case as serious as this one.

"The magistrate [NB Magutywa] has not misdirected himself in any manner whatsoever. In no way can it be said that the prosecution has conducted itself in any matter for a reversal of his decision," Desai said.

He dismissed an urgent application brought by Juan Liedeman, one of the accused, to review the magistrate's decision to postpone the case until Monday.

Liedeman, 37, had wanted the matter immediately returned to the lower court so he could apply for bail this week instead of next week, as he believed he was not guilty of any serious crime.

Liedeman was charged with robbery with aggravating circumstances after Heyns's vehicle was found on his business premises in Malmesbury two weeks ago.

His co-accused Marthinus van der Walt, 33, and his brother Sarel van der Walt, 42, are charged with Heyns's murder.

The body of the Stellenbosch University medical professor was found in a shallow grave in Strand last week.

On Monday, the magistrate's court granted a seven-day postponement to allow the director of public prosecutions to decide under which schedule the crimes would fall.

It was revealed on Thursday that Liedeman was suspected of more than just possession of stolen property.

Western Cape deputy director of public prosecutions, Johannes Abraham Niehaus, said in an affidavit that Liedeman allegedly received help and information from a police officer.

"... After the applicant received the information from an officer in [the SA Police Service], the applicant proceeded to dismantle and destroy parts of the robbed vehicle," Niehaus said.

"Some parts were burned and other parts were discarded, and others hidden in a tanker on the premises of the applicant."

Niehaus submitted in his affidavit that these actions made Liedeman an accessory after the fact on the robbery charge, and that he had attempted to defeat the ends of justice.

"It is submitted that after the arrest of the applicant, the police recovered more evidence linking the applicant to the robbed vehicle that would have been lost if the seven-day postponement were not granted to the State," he said.

The State was of the view that the charge against Liedeman was a schedule six offence, which required him to prove that exceptional circumstances existed for his release on bail.

Desai ruled he would be doing the criminal justice system and the prosecution a great disservice if he interfered in the lower court's decision.

"There are all sorts of other evidence regarding the vehicle which may turn out to have some significance," he said.

Western Cape police revealed on Thursday that three more men were being questioned in connection with the crimes. One of them was a police officer.

Spokesman Captain Frederick van Wyk said the men, between the ages of 22 and 29, were taken in for questioning late on Wednesday.


Source : Sapa /je/hdw/clh/th
Date : 06 Jun 2013 16:55 OrigID : LP633469
 
We had his funeral yesterday in Bellville and there was hardly space in the overcrowded church. Some people had to sit in the kitchen while watching on tv monitors. Desmond Tutu also attended.

This whole thing stinks of vendetta.
 
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Three appear for Cape Doctor's Death

Two men accused of killing Dr Louis Heyns abandoned their bail application in the Somerset West Magistrate's Court on Monday morning.

Henk Carstens said his clients, Marthinus van der Walt, 33, and his brother Sarel, 42, had confirmed on Monday morning that they would no longer be pursuing bail.

He also revealed that the two had made statements to police and he would apply for access to these.

He also wanted access to a video taken of his clients while they made these statements.

William Booth said his client, Malmesbury businessman Juan Liedeman, 37, would apply for bail.

The brothers are accused of killing and robbing Heyns, while Liedeman faces charges for being found in possession of Heyns's stolen vehicle.

The body of the Stellenbosch University medical professor was found in a shallow grave in Strand two weeks ago.

Last week, the court granted a seven-day postponement to allow the director of public prosecutions to decide under which schedule the crimes fell.

Samantha Raphaels, for the State, said deputy director of public prosecutions Johannes Abraham Niehaus had signed a certificate stating the exact charges against Liedeman and the applicable criminal schedule.

She said a decision was made to charge him with both robbery as an accessory after the fact and defeating the ends of justice, schedule six offences.

Booth objected to his client being charged as an accessory. Raphaels explained the charge.

"An accessory after the fact implies not that you were on the scene but that you assisted the perpetrators after the offences were committed by hiding away their crimes," she said.

Booth said the State had failed to timeously inform him of the schedule of his client's offence, did not give him the schedule certificate, and failed to tell him on what grounds they were opposing bail.

"This is extremely unfair, prejudicial, and affects the bail hearing," he said.

Liedeman launched an urgent application in the Western Cape High Court last week to review the magistrate's decision to postpone the matter for a week, arguing that he should be granted bail before then.

He argued that his charges were not as serious as those of the brothers.

The application was denied on the basis that the court had abided by the Criminal Procedures Act regarding the postponement.

In the application, further details emerged about Liedeman's alleged involvement.

Niehaus said in an affidavit that Liedeman allegedly received help and information from a police officer.

"... After the applicant received the information from an officer in [the SA Police Service], the applicant proceeded to dismantle and destroy parts of the robbed vehicle," Niehaus said.

"Some parts were burned and other parts were discarded, and others hidden in a tanker on the premises of the applicant."

Western Cape police are questioning three more men, including a police officer, in connection with the crimes.


Source : Sapa /je/jk/gm
Date : 10 Jun 2013 13:33
 
Joe_Soap said:
He is an attention seeker. Always has been able to play the media.
Click to expand...

Picard said:
Seeking attention, no doubt.
Click to expand...

You both surely know that Desmond and his wife are patrons of the Tygerberg Hospital. Heyns worked in the intensive care unit so many people at the funeral and court were old patients showing support.

In my opinion this is not very nice remarks, which can count for every other patient.
 
blunomore said:
Why do you say that? What kind of vendetta?
Click to expand...
Well he was a pediatrician. Maybe someone's child died under his care and they feel he did or didn't do something that had a direct influence. You get some strange people out there...
 
This killing seems like it was planned from Malmesbury and he was targeted from the start. Of course I have no evidence for this, but the situation, the accused, their origin etc is too out of place for it to be a random hijacking. It's all wrong
 
Slain Doctor's Cellphone used for Tracking: Police

Police used Dr Louis Heyns's cellphone to track down the men arrested in connection with his murder and robbery, the Somerset West Magistrate's Court heard on Monday.

Investigating officer, Warrant Officer Hannes Niemand, said in an affidavit that he followed Heyns's cellular activities after he went missing on May 22. This led to him arresting brothers Marthinus van der Walt, 33, and Sarel van der Walt, 42, a week later.

Niemand said after he took statements from the two Heyns's body was found in a shallow grave in Strand.

He found out through these statements that Heyns's car was allegedly sold to Malmesbury businessman Juan Liedeman, 37. He was arrested a day after the brothers.

The affidavit was read out by prosecutor Samantha Raphaels during Liedeman's bail application.

The State is opposing his release on bail because he has been charged with schedule six offences - namely robbery as an accessory after the fact and defeating the ends of justice.

Henk Carstens said his clients, the Van der Walts, abandoned their bail applications.

Niemand said in his affidavit that he visited Liedeman's panelbeating, spraypainting and engineering services business the day the brothers were arrested.

"I recovered the engine and wheels of the vehicle which were locked up in a storage room. The keys to the storage room were held by the applicant [Liedeman]."

He said witnesses had made statements to the effect that Liedeman had burned some parts of the car and hidden others in a tanker on the premises. These were recovered.

Niemand said a witness claimed to have read a newspaper article about Heyns's death and stolen car, and showed this to Liedeman.

"Forensic evidence revealed his fingerprints on the robbed vehicle of the deceased. He destroyed valuable evidence and this amounted to him assisting the co-accused. The applicant was attempting to defeat the ends of justice," the affidavit reads.

Raphaels said Liedeman had shown he would not hesitate to destroy valuable evidence, and this should be enough to keep him in custody.

Liedeman claimed in an affidavit that the brothers threatened him before and after his arrest.

He said Sarel van der Walt used to work for him, but he confronted him because he believed he was stealing from the business and summarily dismissed him.

The threats apparently started soon afterwards. When the three were transferred to Pollsmoor Prison a week ago, Liedeman said he received further threats from the brothers. He told his family, who contacted Liedeman's lawyer, William Booth. The National Prosecuting Authority was then informed.

Liedeman had since been moved from the same prison cell as the brothers, although they were taken to court in the same vehicle.

Liedeman said he feared for both his own life and that of his wife and two young children.

"They have certain contacts in prison who can harm me," he said in his affidavit, which Booth read out.

The court was expected to deliver its bail judgment on Tuesday.


Source : Sapa /je/th/ad
Date : 10 Jun 2013 19:00
 
Fulcrum29 said:
You both surely know that Desmond and his wife are patrons of the Tygerberg Hospital. Heyns worked in the intensive care unit so many people at the funeral and court were old patients showing support.

In my opinion this is not very nice remarks, which can count for every other patient.
Click to expand...

They don't care - just grinding their axes in inappropriate threads
 
Accused Gets Bail

A man accused of dismantling the stolen car of slain Dr Louis Heyns was granted bail by the Somerset West Magistrate's Court on Tuesday.

Juan Liedeman, 37, dressed in a leather jacket and jeans, seemed to cry with relief as he was led back down the cells to pay his bail.

"This court is satisfied that the applicant has discharged the onus placed on him and that exceptional circumstances are present in this matter," magistrate NB Magutwya said.

He set bail at R20,000 and ordered that Liedeman not make contact with the State's witnesses. Two of these witnesses are family members and a third is an employee at his panelbeating and spray-painting business in Malmesbury.

William Booth, for Liedeman, asked that the employee be ordered to keep away from the business, as this would effectively cause his client to breach bail conditions. The State said it would arrange that.

A short while later Liedeman left the court with Booth, got into a car and was driven off.

Heyns, a University of Stellenbosch medical professor, went missing on May 22. His body was found in a shallow grave in Strand on May 30.

Liedeman and brothers Marthinus, 33, and Sarel van der Walt, 42, were arrested. The brothers face charges of killing and robbing Heyns. They abandoned their bail applications on Monday.

Liedeman faces charges for being found in possession of Heyns's stolen vehicle. The director of public prosecution made a decision to charge him with both robbery as an accessory after the fact and defeating the ends of justice -- both schedule six offences.

Magutwya said he had taken into account the fact that Liedeman had several businesses that needed to be run and was the primary caregiver for his wife, their two children, a third child from a previous relationship, and his retired parents.

He considered the balance between the interests of justice and Liedeman's rights to his personal freedom, and the likelihood of him suffering if kept in custody.

Liedeman was not deemed to be a flight risk because he had spent his entire life in the Western Cape and did not have a valid passport.

The case against the trio would resume on August 8, after further investigation.


Source : Sapa /je/fg/ad/th
Date : 11 Jun 2013 13:09
 
THREE APPEAR FOR SLAIN CTOWN DOCTOR CASE

A man allegedly found in possession of slain paediatrician Dr Louis Heyns's car may enter a plea and sentencing agreement, the Western Cape High Court heard on Friday.

Prosecutor Samantha Raphels said she hoped the agreement with Malmesbury businessman Juan Liedeman, 37, would be finalised by next week.

William Booth, for Liedeman, confirmed this.

"This agreement does not relate to the main charges [of murder and robbery]. This relates to certain statutory contraventions in terms of the motor vehicle," he said.

Judge Robert Henney warned Liedeman to return to court on June 23 for another pre-trial conference.

Liedeman, who is out on R20,000 bail, faces a robbery charge. He appeared with brothers Marthinus and Sarel van der Walt, who have been charged with killing Heyns and robbing him of his car and other possessions.

They remain in custody.

Heyns, a University of Stellenbosch medical professor, went missing last May. His body was found in a shallow grave in Strand the same month.


Source : Sapa /je/th/jk/lp
Date : 13 Jun 2014 12:00
 
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