Bail appeal for Rob Evans: Defence claims errors in murder case
In denying bail to Rob Evans — accused of killing his girlfriend with a whisky bottle at his Oyster Bay holiday home — the presiding magistrate was too emotional and made several errors, the businessman’s defence team argued.
And although the married father-of-three was not in court himself, his two-man legal team told the Gqeberha High Court the mistakes included wrongly treating the case as premeditated murder and relying on wild guesses rather than solid evidence.
The argument was heard on Monday as Evans appeals against the Humansdorp Regional Court’s refusal to grant him bail on July 9.
Evans is accused of killing his girlfriend of almost two years, Vanessa van Rensburg, during Easter weekend.
He faces four charges, including murder, attempted murder, kidnapping, and defeating the ends of justice.
The state, however, hit back, arguing that magistrate Deidre Dickson was correct to treat the case as a Schedule 6 offence.
Prosecutor Marius Stander said Evans, who was arrested on May 9, had a long history of abusive behaviour towards Van Rensburg, which ultimately led to her brutal death.
Evans, 58, is accused of thumping 36-year-old Van Rensburg repeatedly with a whisky bottle, leaving her battered and bruised.
Her body was found inside the Kabeljou Street vacation home on Easter Sunday with 23 injuries, allegedly inflicted with a J&B bottle following a night of heavy drinking.
The pair had been seen socialising the previous night at a braai.
Defence lawyer Paul Roelofse told the court in his heads of argument that Dickson’s refusal of bail was legally flawed.
He said Evans had been wrongly forced to prove “exceptional circumstances” — a standard that only applies in premeditated murder cases — though there was no evidence the killing was planned.
“[Dickson] failed to conduct any threshold enquiry into whether the matter properly fell within Schedule 6.
“The bail proceedings instead proceeded on a provisional assumption,” Roelofse said.
He said the charge sheet alone could not determine whether a case was premeditated.
Roelofse said there was nothing in the state’s case to suggest prior planning or intent.
“The state presented no evidence, whether direct or circumstantial, of any planning on the part of [Evans], nor any rational contemplation or deliberate weighing-up of his actions.
“Critically, [investigating officer WO Xolile Kato], who testified for the state, was not led to provide any facts purporting to establish premeditation.
“In other words, the prosecution failed to elicit from its own witness any evidentiary basis to justify invoking Schedule 6.”
Roelofse said Evans and Van Rensburg, travelled together on April 19 to Oyster Bay, intending to spend the weekend fishing.
On the way, they stopped at the rocks at the beach for a few whiskies. Roelofse said there was no tension or argument between them.
After arriving at the house, the pair continued drinking.
Roelofse said Dickson wrongly drew conclusions about premeditation from these ordinary domestic moments, though there was “no evidence of any conflict”.
Later that evening, Evans and Van Rensburg were joined by local residents Mike McAfee and Keith Belling for a social braai. The braai was at Belling’s house.
Around 8pm, Van Rensburg left on foot, appearing calm and cheerful, Roelofse said.
McAfee stayed behind with Evans for about 20 minutes before they returned to the holiday home, where Evans said he had lost his keys and was locked out.
Roelofse said there was nothing “suspicious” about Evans’s behaviour and McAfee saw and heard no signs of Van Rensburg inside.
He said Dickson’s conclusion that Van Rensburg refused to open the door was “pure speculation”.
When a security guard arrived a short while later, he found Evans sitting on the windowsill, “very drunk” and still talking about his missing keys.
While they spoke, the alarm went off and the garage door opened.
Van Rensburg came out, and Evans said, “Where are the f–ing keys?” According to Roelofse, the words were frustration about the keys — not aggression toward her.
Roelofse said there was no sign that Van Rensburg was frightened or in danger.
She did not ask for help or try to leave with the guard, who later said he saw nothing to suggest hostility or fear before he left, he said.
He said Dickson relied too heavily on emotion and assumptions rather than fact.
Roelofse also argued that Evans’ personal circumstances — his stable family life, the support of his children, and his willingness to abide by any conditions of bail — showed he was not a flight risk.
“[Evans has deep and permanent ties to the Gqeberha area,” Roelofse said. “He owns a home in Gqeberha and co-owns a holiday property in Oyster Bay with his brother.
“He is the founding director and 60% shareholder in Algoa Plastics, employing over 40 people.”
The gallery was sparsely filled with a handful of Evans’ family, including Evans’ daughters.
Van Rensburg’s family was not present.
Evans’ other attorney Danie Gouws was also present.
Stander said Dickson’s ruling was sound and that the evidence pointed to a pattern of escalating violence.
He said the submissions made on behalf of Evans were speculative.
Stander said Evans has, over a period of time, assaulted and abused the Van Rensburg to the point where he succeeded in killing her.
He said the law does not require the state to prove motive at this stage, but Evans had also not met the strict criteria for bail.
“Where an accused carries the burden of proof, it is insufficient to simply show that the state’s case is weak.
“He must go further — he must show that the case is exceptionally weak and that, on a balance of probabilities, he will be acquitted,” Stander said.
Stander said the state’s case was “very simple” and the murder was “planned and premeditated”.
He said the planned and premeditated aspects were standing on two legs.
“The one leg is the state versus Dube case and the other one is the traditional test for planned and premeditated [cases].
“He beat her to death and then strangled her.”
Stander said Van Rensburg was killed at about 10.30pm.
“Between then and 1.30am the next morning, he did nothing,” Stander said.
Stander said Evans’ conduct after the killing did not absolve him.
Stander said the fact that Evans knew he would be arrested was a “completely subjective perception in his own mind”.
“Each and every appellant would then merely argue that I knew I was to be arrested and I did not flee so I am not a flight risk.”
Stander said Kato, who testified in the bail hearing, arrived at the scene shortly after 2am.
Kato noted visible injuries to Van Rensburg’s chin, neck, right hand, shoulder and chest — one resembling a bite mark — though he could not see all wounds because she was fully clothed, he said.
When Kato asked Evans about the apparent bite marks, Evans said he was surprised to see them. He told Kato that Van Rensburg had earlier complained about rib pain, saying her children often played rough, Stander said.
According to Stander, Evans told police he and Van Rensburg had been at a braai with friends the previous evening.
He said Van Rensburg left first, and Evans followed later. He said Evans sat outside for a while, lost track of time, and then discovered her body when he went inside.
Kato noticed broken glass on the lounge floor and traced it to a shattered J&B whisky bottle in the dustbin — its seal still intact.
A shard was wedged between bricks in the living room. Evans denied knowing anything about the bottle.
Kato said the mess appeared to have been cleaned up, with the bottle hidden or camouflaged in the bin and later removed, Stander said.
Stander said during cross-examination Kato admitted he had not photographed or seized the bottle, believing at the time that the wounds were bite marks.
When he later realised the injuries might have been caused by a whisky bottle, he revisited the scene and found glass pieces still in the wall grooves.
Standers said Evans also thought the wounds were bite marks.
Stander said evidence from several witnesses supported the timeline of the night.
McAfee and Belling confirmed Evans and Van Rensburg were drinking together earlier and that she had left the braai around 8pm, appearing calm.
McAfee later found Evans locked out, sitting on the stoep, before leaving him there, Stander said. In a bizarre twist, Stander said McAfee and Belling were defence witnesses. Those are the very same witnesses Dickson said bolstered the state’s case.
Neighbour Christo Joubert told police he heard a heated argument between a man and a woman inside Evans’s house around 8.30pm, though he couldn’t make out what was said.
He saw Evans again later that night, sitting near the sliding door and looking at his phone.
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