The State relied on speculation, hearsay and a"haphazard" police investigation when it applied to have alleged wife killer Rob Packham's bail cancelled, the Western Cape High Court heard on Tuesday.
The court should never have made an order that his client tried to contact a woman he had an affair with for three years, via a friend, using text and a"snail mail" letter, Mathewson said. Packham has denied that he was the author of the communications in question. His denials could not be said to be so far-fetched or untenable that a court was justified in rejecting them, said Mathewson.She said he breached his bail conditions by using an electronic device.
His bail was increased to R75 000 with more stringent conditions after he was rearrested for contacting State witnesses, including a woman with whom he had been having an extramarital affair. Galloway conceded that normally, a person's failure to comply with this specific condition of bail may not appear to be serious.
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