GUILTY South Africa - Susan Rohde, 47, murdered, Stellenbosch, 24 July 2016 - #2
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#Rohde King: "It appears that this was a crime of passion which was then covered up by the accused and made to look like a suicide. The murder came about, not as a premeditated incident but as a crime of passion where there was interaction between the two." @TeamNews24 Jenna Etheridge
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Jenna Etheridge (@JennaEtheridge) | Twitter
The Western Cape High Court will this morning hear an application by Jason Rohde for bail, pending the appeal of his conviction in the SCA. Rohde, who is not present in court, was sentenced to an effective 20 year's for his wife's murder. @TeamNews24
William King SC is standing in for defence advocate Graham van der Spuy, who is understood to be ill.
King: It would seem that the issue of bail today has to be considered in light of the SCA granting leave to appeal and also the prejudice Mr Rohde has claimed will land on his and his family’s head if bail isn’t granted to him.
King highlights the reasoning in a case which dealt with a similar bail application. In that matter, accused wasn't a flight risk, was granted bail previously and complied with bail for numerous years.
King: "It appears that this was a crime of passion which was then covered up by the accused and made to look like a suicide. The murder came about, not as a premeditated incident but as a crime of passion where there was interaction between the two."
King: This is an all or nothing situation where Rohde will either serve his sentence or be acquitted on appeal. One must look at the risk of flight.
King: If a person has to weigh up 20 years in jail or run overseas, deep into the never never, that is the risk that the court system faces.
King argues that in this case, Rohde has a third option which mitigates the chance of flight if bail is granted. "Argue the appeal, be acquitted and carry on with life".
Judge Salie-Hlophe asks King if there are new facts for this bail application. He replies that she found there was no prospects of success on appeal. But the SCA reconsidered and said there are prospects. "This is central to any bail application."
Judge Salie-Hlophe points out the SCA didn't specifically say on which basis it granted Jason leave to appeal his conviction.
Judge Salie-Hlophe says she searched far and wide to find legal principles which ensconced the present case. And there was a lot of "craftmanship" on her part with some principles. She says maybe the SCA granted leave to appeal on this basis.
Judge Salie-Hlophe says the legal principles she employed will have to be pronounced on by a higher court- the SCA will either endorse, reject, recraft or polish them.
King on the issue of prejudice: The State has produced evidence that the SCA matter is likely to be heard in the first or second term of next year. "[Jason] would have served over a year and a half of his sentence which, if acquitted, he can’t recover."
Jenna Etheridge (@JennaEtheridge) | Twitter
The Western Cape High Court will this morning hear an application by Jason Rohde for bail, pending the appeal of his conviction in the SCA. Rohde, who is not present in court, was sentenced to an effective 20 year's for his wife's murder. @TeamNews24
William King SC is standing in for defence advocate Graham van der Spuy, who is understood to be ill.
King: It would seem that the issue of bail today has to be considered in light of the SCA granting leave to appeal and also the prejudice Mr Rohde has claimed will land on his and his family’s head if bail isn’t granted to him.
King highlights the reasoning in a case which dealt with a similar bail application. In that matter, accused wasn't a flight risk, was granted bail previously and complied with bail for numerous years.
King: "It appears that this was a crime of passion which was then covered up by the accused and made to look like a suicide. The murder came about, not as a premeditated incident but as a crime of passion where there was interaction between the two."
King: This is an all or nothing situation where Rohde will either serve his sentence or be acquitted on appeal. One must look at the risk of flight.
King: If a person has to weigh up 20 years in jail or run overseas, deep into the never never, that is the risk that the court system faces.
King argues that in this case, Rohde has a third option which mitigates the chance of flight if bail is granted. "Argue the appeal, be acquitted and carry on with life".
Judge Salie-Hlophe asks King if there are new facts for this bail application. He replies that she found there was no prospects of success on appeal. But the SCA reconsidered and said there are prospects. "This is central to any bail application."
Judge Salie-Hlophe points out the SCA didn't specifically say on which basis it granted Jason leave to appeal his conviction.
Judge Salie-Hlophe says she searched far and wide to find legal principles which ensconced the present case. And there was a lot of "craftmanship" on her part with some principles. She says maybe the SCA granted leave to appeal on this basis.
Judge Salie-Hlophe says the legal principles she employed will have to be pronounced on by a higher court- the SCA will either endorse, reject, recraft or polish them.
King on the issue of prejudice: The State has produced evidence that the SCA matter is likely to be heard in the first or second term of next year. "[Jason] would have served over a year and a half of his sentence which, if acquitted, he can’t recover."
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In court documents, Advocate Louis van Niekerk said it would be contrary to the administration of justice to release Rohde on bail.
The State added that such leniency would bring the administration of justice into disrepute.
Court to rule on wife killer Jason Rohde's bail application
The State added that such leniency would bring the administration of justice into disrepute.
Court to rule on wife killer Jason Rohde's bail application
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Morning lilmac.
I think it's just standard that they have to acknowledge the courts judgement and try to salvage anything they can in his favour from it, such as not premeditated.
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King highlights the prison conditions that Jason faces. Judge Salie-Hlophe says: "To what extent does he know he is now depressed and to what extent has there been medical oversight over that. Or has he made the diagnosis himself?"
Jenna Etheridge (@JennaEtheridge) | Twitter
Jenna Etheridge (@JennaEtheridge) | Twitter
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Jenna Etheridge (@JennaEtheridge) | Twitter
King takes instructions as he had not met Jason himself. "He is receiving counselling and treatment from the prison psychologist," he tells the court. He says his client is locked up for 23 hours a day.
Salie-Hlophe: Correctional officials weigh up factors when deciding whether its in someone's best interest to put them in a single cell. She says sometimes this is to protect the accused from other prisoners or vice versa.
Salie-Hlophe: After reading the papers, I was very concerned that these are the conditions in which Mr Rohde is being incarcerated. If Mr Rohde is saying this is how he is being incarcerated, that is wrong and stands to be corrected through legal avenues.
Salie-Hlophe: It is not so that someone is put in a single cell for 6 months. With this cell, the judicial inspectorate is notified. King: He is classified according to the crime, he is under the worst kind of category with the most stringent detention.
King takes instructions as he had not met Jason himself. "He is receiving counselling and treatment from the prison psychologist," he tells the court. He says his client is locked up for 23 hours a day.
Salie-Hlophe: Correctional officials weigh up factors when deciding whether its in someone's best interest to put them in a single cell. She says sometimes this is to protect the accused from other prisoners or vice versa.
Salie-Hlophe: After reading the papers, I was very concerned that these are the conditions in which Mr Rohde is being incarcerated. If Mr Rohde is saying this is how he is being incarcerated, that is wrong and stands to be corrected through legal avenues.
Salie-Hlophe: It is not so that someone is put in a single cell for 6 months. With this cell, the judicial inspectorate is notified. King: He is classified according to the crime, he is under the worst kind of category with the most stringent detention.
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Jenna Etheridge (@JennaEtheridge) | Twitter
Salie-Hlophe says that Jason must pursue his rights with correctional services and the judicial inspectorate. "All complaints must be followed up within 24-48 hours. If he had laid a complaint, it would have been immediately investigated."
Salie-Hlophe says that Jason must pursue his rights with correctional services and the judicial inspectorate. "All complaints must be followed up within 24-48 hours. If he had laid a complaint, it would have been immediately investigated."
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Jenna Etheridge (@JennaEtheridge) | Twitter
King says that if the SCA finds on the facts that Susan committed suicide, that is the end of the case."There are a number of very exact reasons set out in the appeal why the appeal can be successful."
King says that if the SCA finds on the facts that Susan committed suicide, that is the end of the case."There are a number of very exact reasons set out in the appeal why the appeal can be successful."
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Jenna Etheridge (@JennaEtheridge) | Twitter
The defence had asked for Rohde to be requisitioned so he could be present in court to give evidence. This was turned down. King: Maybe it would have been a better idea for him to be here so he could answer the Judge's questions on his prison conditions.
Prosecutor Louis van Niekerk's turn. He asks what the new facts are in this bail application as the aspects of Jason's children, finances and business interests were raised previously.
Van Niekerk: All that has changed is that the SCA granted leave to appeal. This doesn't automatically guarantee bail. "Those appeal court judges have not had sight of the whole record."
The defence had asked for Rohde to be requisitioned so he could be present in court to give evidence. This was turned down. King: Maybe it would have been a better idea for him to be here so he could answer the Judge's questions on his prison conditions.
Prosecutor Louis van Niekerk's turn. He asks what the new facts are in this bail application as the aspects of Jason's children, finances and business interests were raised previously.
Van Niekerk: All that has changed is that the SCA granted leave to appeal. This doesn't automatically guarantee bail. "Those appeal court judges have not had sight of the whole record."
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Jenna Etheridge (@JennaEtheridge) | Twitter
Salie-Hlophe thanks both teams for their submissions and has reserved judgment until next week.
Salie-Hlophe thanks both teams for their submissions and has reserved judgment until next week.
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Rohde has failed to get bail pending his appeal.
Judge Gayaat Salie-Hlophe told Rohde that he would remain behind bars, even though the SCA had granted him permission to appeal his conviction and sentence.
In legal papers, Rohde asked Salie-Hlophe to release him on bail as the appeal court might only hear his case in February.
Rohde said he was bankrupt and wanted to rebuild his life pending the appeal hearing.
“I have been incarcerated for a period of eight months since November 8 2018. The prejudice in terms of caring for the emotional and financial needs of my three children, as set out hereinafter, as well as rescuing and/or salvaging my business has been immeasurable,” Rohde said in court papers.
“It is therefore against the aforesaid background that I beg the leave of this court to consider this bail application favourably, as soon as possible.”
Rohde said he believed his appeal had a good chance of success.
The state opposed the bail application.
Prosecutor Lvan Niekerk said Rohde’s application contained no new facts. “That leave to appeal has been granted [does not] mean he is entitled to bail,” he said. “What was placed before the judges of the SCA was not the full record. They have not sent it back to a full bench,” he added.
Wife killer Jason Rohde fails to get bail pending appeal
Judge Gayaat Salie-Hlophe told Rohde that he would remain behind bars, even though the SCA had granted him permission to appeal his conviction and sentence.
In legal papers, Rohde asked Salie-Hlophe to release him on bail as the appeal court might only hear his case in February.
Rohde said he was bankrupt and wanted to rebuild his life pending the appeal hearing.
“I have been incarcerated for a period of eight months since November 8 2018. The prejudice in terms of caring for the emotional and financial needs of my three children, as set out hereinafter, as well as rescuing and/or salvaging my business has been immeasurable,” Rohde said in court papers.
“It is therefore against the aforesaid background that I beg the leave of this court to consider this bail application favourably, as soon as possible.”
Rohde said he believed his appeal had a good chance of success.
The state opposed the bail application.
Prosecutor Lvan Niekerk said Rohde’s application contained no new facts. “That leave to appeal has been granted [does not] mean he is entitled to bail,” he said. “What was placed before the judges of the SCA was not the full record. They have not sent it back to a full bench,” he added.
Wife killer Jason Rohde fails to get bail pending appeal
imstilla.grandma
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The Western Cape High Court on Thursday dismissed businessman and convicted wife killer Jason Rohde's bail application.
Rohde was last month granted leave to appeal his conviction by the Supreme Court of Appeal. His legal team launched the application for bail, pending the outcome.
The bail application was heard at the high court on Wednesday last week and judgment was reserved. In papers before the court, Rohde stated that he wanted to be released on bail so that he could attend to his business affairs and maintain his children financially.
Rohde is currently serving an effective 20 years at the Drakenstein Prison in Paarl for killing his wife Susan and obstructing the ends of justice by staging her suicide.
Susan Rohde’s body was found in a locked bathroom in a room she shared with Rohde in July 2016 at the Spier Wine Estate Hotel in Stellenbosch. Her body was found with an electronic cord wrapped around her neck. The cord had been tied to a hook on the back of the bathroom door.
JUST IN: Convicted wife killer Jason Rohde denied bail pending appeal | IOL News
Rohde was last month granted leave to appeal his conviction by the Supreme Court of Appeal. His legal team launched the application for bail, pending the outcome.
The bail application was heard at the high court on Wednesday last week and judgment was reserved. In papers before the court, Rohde stated that he wanted to be released on bail so that he could attend to his business affairs and maintain his children financially.
Rohde is currently serving an effective 20 years at the Drakenstein Prison in Paarl for killing his wife Susan and obstructing the ends of justice by staging her suicide.
Susan Rohde’s body was found in a locked bathroom in a room she shared with Rohde in July 2016 at the Spier Wine Estate Hotel in Stellenbosch. Her body was found with an electronic cord wrapped around her neck. The cord had been tied to a hook on the back of the bathroom door.
JUST IN: Convicted wife killer Jason Rohde denied bail pending appeal | IOL News
Top prosecutor Billy Downer to try Jason Rohde’s ex-lover | Weekend Argus
Seems The Hon Judge Gayaat Salie-Hlophe did not take kindly to the rant from the mistress.
Seems The Hon Judge Gayaat Salie-Hlophe did not take kindly to the rant from the mistress.
