GUILTY South Africa - Gill Packham, 57, murdered, Cape Town, 22 February, 2018 *arrest*
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We are back in the Western Cape High Court for the trial of Rob Packham, who is accused of murdering his wife Gill in Cape Town last year. He is expected to take the stand today.
Rob chats with his legal team. His sister and one of his daughters is in court. The defence continues with its case today and Rob is expected to be called to the stand.
Advocate Craig Webster calls the accused, Rob Packham up to the stand as his next witness. He says his full name and takes the oath.
Packham (RP) says that he had married "just short of 31 years" at the time of his wife's death in February last year. He also confirms he disclosed his affair to Gill because his daughter wanted him to break it off and tell her mom.
RP confirms that he and his wife had joint marriage counselling sessions, as well as individual sessions. "I think in the four months or so we had made significant progress in the counselling."
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Rob chats with his legal team. His sister and one of his daughters is in court. The defence continues with its case today and Rob is expected to be called to the stand.
Advocate Craig Webster calls the accused, Rob Packham up to the stand as his next witness. He says his full name and takes the oath.
Packham (RP) says that he had married "just short of 31 years" at the time of his wife's death in February last year. He also confirms he disclosed his affair to Gill because his daughter wanted him to break it off and tell her mom.
RP confirms that he and his wife had joint marriage counselling sessions, as well as individual sessions. "I think in the four months or so we had made significant progress in the counselling."
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RP says he and his wife had a fight the evening before her death over his planned work trip to JHB the next day. "She had significant trust issues being away from me or [me being away] from home... we agreed to disagree".
RP says the morning she died, she had threatened to phone his CEO to suggest to him that he shouldn’t go to Joburg. "I said to her not to be silly. At that point she went out the garage and left". He says she left for work around 7am.
RP explains how he subsequently found out she had not pitched up for work. He had switched his main phone off because his wife used to "track him". He said he was looking for a new car for her and didn't want her to know.
RP says he switched his main phone back on to find lots of missed calls. He went to Gill's school, followed her usual work routes and then went to places she loved, thinking maybe she had taken an "uncharacteristic" day out for herself.
RP rests both hands on the dock as he speaks. He has a slight waver in his voice. He explains how he drove around, phoned all their friends but did not find his wife or her vehicle.
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RP says the morning she died, she had threatened to phone his CEO to suggest to him that he shouldn’t go to Joburg. "I said to her not to be silly. At that point she went out the garage and left". He says she left for work around 7am.
RP explains how he subsequently found out she had not pitched up for work. He had switched his main phone off because his wife used to "track him". He said he was looking for a new car for her and didn't want her to know.
RP says he switched his main phone back on to find lots of missed calls. He went to Gill's school, followed her usual work routes and then went to places she loved, thinking maybe she had taken an "uncharacteristic" day out for herself.
RP rests both hands on the dock as he speaks. He has a slight waver in his voice. He explains how he drove around, phoned all their friends but did not find his wife or her vehicle.
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RP says he went to Wynberg police station to report his wife missing and a woman behind the counter says he had to wait 24 hours to report. He said he was not satisfied and asked to speak to someone else.
RP: The policeman said I should have gone to Diep River station to report my wife missing but said he would pass the info on. He asked if we had marital problems and I said yes.
RP: "I didn’t feel it was appropriate to divulge that kind of private information [on affair to policeman] so I steered it away from that topic. I was more interested in doing what needed to be done to report Gill as a missing person."
RP: "I was concerned that she was not contactable on her cellphone. That was very unusual. As the day progressed, I became more and more concerned. I was emotional. I was scared for her."
RP says they heard about a vehicle burning at Diep River station and went to check it out. A police officer told them to leave and they went back to police station.
CW says a witness has testified that he had earlier seen the accused driving away from Diep River train station that day. RP replies: "Absolutely not. I was at my sister’s house at that time." We adjourn for tea.
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RP: The policeman said I should have gone to Diep River station to report my wife missing but said he would pass the info on. He asked if we had marital problems and I said yes.
RP: "I didn’t feel it was appropriate to divulge that kind of private information [on affair to policeman] so I steered it away from that topic. I was more interested in doing what needed to be done to report Gill as a missing person."
RP: "I was concerned that she was not contactable on her cellphone. That was very unusual. As the day progressed, I became more and more concerned. I was emotional. I was scared for her."
RP says they heard about a vehicle burning at Diep River station and went to check it out. A police officer told them to leave and they went back to police station.
CW says a witness has testified that he had earlier seen the accused driving away from Diep River train station that day. RP replies: "Absolutely not. I was at my sister’s house at that time." We adjourn for tea.
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RP: Back at Diep River police station, my sister and I were told to go to the back to wait for a counsellor. She sat with us and basically looked at us, I was looking for information. It was a little awkward and frustrating.
All we heard was that it was a green BMW and a body had been found on the back seat of the car. That was very difficult news to receive but also inconclusive. It was awkward for us. I signed the missing person form and left.
Judge says she is a bit confused by all this but hopes there will be clarity at some stage. RP: I was numb and I was in shock but I had no other information so it was very, very difficult. I had both daughters ringing in for information.
RP says he went for a drive early the next morning. A policeman said they should meet but he didn't know it was the investigating officer. When he got home, he was greeted with lots of cops and vehicles, and the road cordoned off.
describes how he was ignored while police took photos of his Audi Q5, grabbed his phone and asked for his pin. He was told to stay in the garage. "It was not a pleasant experience."
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All we heard was that it was a green BMW and a body had been found on the back seat of the car. That was very difficult news to receive but also inconclusive. It was awkward for us. I signed the missing person form and left.
Judge says she is a bit confused by all this but hopes there will be clarity at some stage. RP: I was numb and I was in shock but I had no other information so it was very, very difficult. I had both daughters ringing in for information.
RP says he went for a drive early the next morning. A policeman said they should meet but he didn't know it was the investigating officer. When he got home, he was greeted with lots of cops and vehicles, and the road cordoned off.
describes how he was ignored while police took photos of his Audi Q5, grabbed his phone and asked for his pin. He was told to stay in the garage. "It was not a pleasant experience."
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RP says he was taken to police station to give statement where IO said he should take lie detector test. "I said I was very happy. He laughed and said he had seen grown men cry taking polygraphs. He then looked at me and said I don’t think it’s necessary."
RP is asked about Gill's blood found in garage and his car. He says she cut herself while moving recycling from her boot to his boot, before taking it to dump site. His blood in the bathroom was from shaving & nicking himself, something he did regularly.
Prosecutor Susan Galloway (SG) begins cross-exam. She says that Rob's ex-lover had testified that he told her he loves his life but not his wife. Is that correct? RP: "I did say that to her in early 2016, yes".
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RP is asked about Gill's blood found in garage and his car. He says she cut herself while moving recycling from her boot to his boot, before taking it to dump site. His blood in the bathroom was from shaving & nicking himself, something he did regularly.
Prosecutor Susan Galloway (SG) begins cross-exam. She says that Rob's ex-lover had testified that he told her he loves his life but not his wife. Is that correct? RP: "I did say that to her in early 2016, yes".
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SG: Your wife died with one or two forceful blows to the head and the murderer thus would have had intent to kill her, especially because of her stature. RP: That is correct.
SG refers to a photo of the couple to show how short Gill was in comparison to her husband.
SG: According to you, her death that day must have been a result of a random attack or hijacking. Somebody hijacked her with her green BMW. RP: I think so. He can't give other possibilities for what happened.
SG asks if there was any break-in or robbery at their home the night before her death. RP says no. SG asks about the times he was at home the next day. "Nothing at all, my lady".
SG: After the BMW was found and you found the body belonged to your wife, you didn't discover anything missing in or out the house? RP: Nothing no but we never recovered her bag or phone.
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SG refers to a photo of the couple to show how short Gill was in comparison to her husband.
SG: According to you, her death that day must have been a result of a random attack or hijacking. Somebody hijacked her with her green BMW. RP: I think so. He can't give other possibilities for what happened.
SG asks if there was any break-in or robbery at their home the night before her death. RP says no. SG asks about the times he was at home the next day. "Nothing at all, my lady".
SG: After the BMW was found and you found the body belonged to your wife, you didn't discover anything missing in or out the house? RP: Nothing no but we never recovered her bag or phone.
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RP: She may have been attacked in the garage. I don't know. I didn't follow her to the garage when she left.
State asks if it is correct that until March 30, 2018, RP was under house arrest. He agrees.
SG asks if Rob kept up with the case in the media. RP says "I didn't pay much attention to it, no".
SG refers to photos of him and his wife in newspaper reports and says he appears to be wearing a similar outfit throughout. Your face appears to be much fuller in the photographs than it does now. RP: "If you say so."
SG points out that he doesn't wear glasses in any of the photos in media reports. RP seems a bit irritated: "I wear glasses for reading or for long distance. I don't wear them all the time."
SG refers to testimony of witness who saw Rob driving from Diep River without glasses. She says this would not be incorrect as he just said he doesn't wear glasses all the time. RP says he has about six pairs of glasses.
We adjourn for lunch.
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State asks if it is correct that until March 30, 2018, RP was under house arrest. He agrees.
SG asks if Rob kept up with the case in the media. RP says "I didn't pay much attention to it, no".
SG refers to photos of him and his wife in newspaper reports and says he appears to be wearing a similar outfit throughout. Your face appears to be much fuller in the photographs than it does now. RP: "If you say so."
SG points out that he doesn't wear glasses in any of the photos in media reports. RP seems a bit irritated: "I wear glasses for reading or for long distance. I don't wear them all the time."
SG refers to testimony of witness who saw Rob driving from Diep River without glasses. She says this would not be incorrect as he just said he doesn't wear glasses all the time. RP says he has about six pairs of glasses.
We adjourn for lunch.
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We are back after lunch. Prosecutor Susan Galloway (SG) continues with her cross-examination of Rob Packham (RP). She asks about their argument the night before his wife Gill died.
RP says their argument was about him going to Johannesburg on a work trip the next day, on February 22, 2018, but there was still tension from their counselling session earlier that day.
SG is confused about why Rob would look for a new car for his wife but also be defiant about going on a work trip, despite her wishes. RP: The decision to go and look for a car for my wife was not made that morning, it was made before. There is no clash.
RP: My wife understood why I have to go to Johannesburg. She simply did not want me to go. The search for her new car had already begun but I wanted to get pricing.
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RP says their argument was about him going to Johannesburg on a work trip the next day, on February 22, 2018, but there was still tension from their counselling session earlier that day.
SG is confused about why Rob would look for a new car for his wife but also be defiant about going on a work trip, despite her wishes. RP: The decision to go and look for a car for my wife was not made that morning, it was made before. There is no clash.
RP: My wife understood why I have to go to Johannesburg. She simply did not want me to go. The search for her new car had already begun but I wanted to get pricing.
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SG asks if he spoke to anyone at the dealerships he visited.
RP: I stopped at a number of dealerships. I didn't speak to people. I was there before they had opened.
SG asks if he would be seen on security footage. "I guess so," he answers.
SG asks about Rob's commitment to his wife and his lover at the time.
RP replies that he and his wife were working hard in counselling. His lover "was well aware of that and had unselfishly encouraged me to see that process through".
SG says that Rob believes he voluntarily disclosed his affair to his wife but his daughter testified she had asked him to do so for a while.
RP: I took it upon myself to explain the whole thing to Gill. I wasn't coerced. It was entirely my decision.
SG: You did not end the relationship with your lover. She ended it with you in March 2018. RP: That is correct.
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RP: I stopped at a number of dealerships. I didn't speak to people. I was there before they had opened.
SG asks if he would be seen on security footage. "I guess so," he answers.
SG asks about Rob's commitment to his wife and his lover at the time.
RP replies that he and his wife were working hard in counselling. His lover "was well aware of that and had unselfishly encouraged me to see that process through".
SG says that Rob believes he voluntarily disclosed his affair to his wife but his daughter testified she had asked him to do so for a while.
RP: I took it upon myself to explain the whole thing to Gill. I wasn't coerced. It was entirely my decision.
SG: You did not end the relationship with your lover. She ended it with you in March 2018. RP: That is correct.
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RP explains the marriage counselling process. Every session we had we were encouraged to be as honest as we could, to be as constructive as we could, which was difficult because it was hurtful to the person hearing it.
RP says that he revealed his continued feelings for his lover to his wife over a number of marriage counselling sessions, not just in their last session before his wife died. He says his wife was not just upset about this but about the whole affair.
RP says Gill even had a draft divorce agreement. "There were days in our discussion when things were good and constructive on both sides and there were days when there was a lot of tension and anger. We went from one extreme to the other."
RP admits that it's possible he could have said something to his lover on Feb 21, 2018, about needing to make a decision about his future.
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RP says that he revealed his continued feelings for his lover to his wife over a number of marriage counselling sessions, not just in their last session before his wife died. He says his wife was not just upset about this but about the whole affair.
RP says Gill even had a draft divorce agreement. "There were days in our discussion when things were good and constructive on both sides and there were days when there was a lot of tension and anger. We went from one extreme to the other."
RP admits that it's possible he could have said something to his lover on Feb 21, 2018, about needing to make a decision about his future.
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RP on last meeting with lover: “There was no ultimatum, there was no deadline, there was no pressure or discussion on the 21st [February 2018] that was looking to force a solution.”
SG wants to know why RP continued to make contact with his lover after their affair ended on March 25, 2018.
He said he got conflicting info from friends and didn't know whether she didn't want contact or wanted to protect herself from a media frenzy.
SG goes to February 22, 2018, when his wife left their home that morning before he did. She says in a statement to the investigating officer, he stated his wife left around 7am and he went to work soon after.
RP agrees that his wife left their house around 7am. He didn't follow her to the garage and as far as he is concerned, she left with her green BMW.
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SG wants to know why RP continued to make contact with his lover after their affair ended on March 25, 2018.
He said he got conflicting info from friends and didn't know whether she didn't want contact or wanted to protect herself from a media frenzy.
SG goes to February 22, 2018, when his wife left their home that morning before he did. She says in a statement to the investigating officer, he stated his wife left around 7am and he went to work soon after.
RP agrees that his wife left their house around 7am. He didn't follow her to the garage and as far as he is concerned, she left with her green BMW.
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SG goes to the blood that was found in their garage, which could have been from her cutting herself on broken glass that was being recycled.
RP testified that his sister had seen Gill with a plaster.
SG wants to know why he referred to his sister seeing a plaster and not him. He seems irritated and says fine, he saw his wife with a plaster on the bottom of her right hand. He didn't see the cut so doesn't know how big it was.
SG: The pathologist noted something on your wife's left arm, like a brace around her arm. RP says there was nothing on her arm and he raised it with his legal team. It must have been something in the car boot, he adds.
SG turns to Rob driving on all possible routes his wife may have taken to work. He confirms he did not see her BMW or his wife next to the road, alone.
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RP testified that his sister had seen Gill with a plaster.
SG wants to know why he referred to his sister seeing a plaster and not him. He seems irritated and says fine, he saw his wife with a plaster on the bottom of her right hand. He didn't see the cut so doesn't know how big it was.
SG: The pathologist noted something on your wife's left arm, like a brace around her arm. RP says there was nothing on her arm and he raised it with his legal team. It must have been something in the car boot, he adds.
SG turns to Rob driving on all possible routes his wife may have taken to work. He confirms he did not see her BMW or his wife next to the road, alone.
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SG: You tried to call her on her cellphone that morning?
RP: I did my lady. It cut to voicemail, both times I phoned her. He says he did not phone her later.
SG: You were the last person who saw your wife alive that day. RP: Yes.
RP said he saw some builder's vehicles as he reversed out his garage but nothing untoward. "I had no reason to believe anything had happened to Gill.
SG turns to CCTV footage from the road they live. About 4min after you left home, your wife's vehicle is seen driving past that camera. In original footage, the vehicle is driving at a slow pace, not fast trying to get away.
RP says he hasn't seen footage.
Defence objects and says they see something different in CCTV footage of their road.
SG says she sees a white male driving his wife's vehicle.
"I note that," says RP.
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RP: I did my lady. It cut to voicemail, both times I phoned her. He says he did not phone her later.
SG: You were the last person who saw your wife alive that day. RP: Yes.
RP said he saw some builder's vehicles as he reversed out his garage but nothing untoward. "I had no reason to believe anything had happened to Gill.
SG turns to CCTV footage from the road they live. About 4min after you left home, your wife's vehicle is seen driving past that camera. In original footage, the vehicle is driving at a slow pace, not fast trying to get away.
RP says he hasn't seen footage.
Defence objects and says they see something different in CCTV footage of their road.
SG says she sees a white male driving his wife's vehicle.
"I note that," says RP.
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RP: When I left home, I went the other way [not the direction seen in the CCTV footage]. I went towards the car dealerships. I was unable to reverse out because of vehicles blocking our drive.
SG: Are you saying that your wife's car, seen at 7:34 that day, was driven by your wife? RP: I never said that. I don't know who was driving her vehicle.
SG: Did you ever find number plates of her vehicle?
RP: No, I was looking for them but didn't see them.
SG points out that in CCTV footage, the front plate appeared to have already been removed by whoever was driving. RP notes they are not on the car.
SG: The first time you are seen by anybody, is when you arrive at the Twizza plant around 9:50am on 22 February 2018.
“I think that is probably true,” he replies.
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SG: Are you saying that your wife's car, seen at 7:34 that day, was driven by your wife? RP: I never said that. I don't know who was driving her vehicle.
SG: Did you ever find number plates of her vehicle?
RP: No, I was looking for them but didn't see them.
SG points out that in CCTV footage, the front plate appeared to have already been removed by whoever was driving. RP notes they are not on the car.
SG: The first time you are seen by anybody, is when you arrive at the Twizza plant around 9:50am on 22 February 2018.
“I think that is probably true,” he replies.
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Defence objects to the State questioning Packham on certain aspects in the record without him having this before him. The court adjourns until tomorrow morning for this purpose.
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