Blood covered the room “as if a seagull’s leg had been amputated and it flew all over the place”.
This was how senior state advocate Marius Stander described the scene where Vanessa van Rensburg’s body was discovered in her boyfriend Rob Evans’s Oyster Bay holiday home.
Van Rensburg’s body was found in the early hours of Easter Sunday, lying on the lounge floor of the coastal property.
She had 23 injuries, including wounds to her chin, neck, right hand, and upper arm.
A broken whisky bottle is believed to have been used in the alleged attack.
The couple had attended a braai the previous night at friend Keith Belling’s house, joined by another friend, Mike McAfee.
Judgment was reserved in Rob Evans’ bail appeal
Evans, accused of murdering Van Rensburg, was denied bail by the Humansdorp Regional Court on July 9 and returned to the Gqeberha High Court this week to appeal that decision.
The appeal was heard on Monday and Tuesday before Judge Nyameko Gqamana.
Evans, who owns 60% of Algoa Plastics and has three daughters, was not present at the appeal.
Stander painted a vivid picture of the blood-soaked crime scene.
“There was blood everywhere from the curtains to the living room all the way into the dining room,” he said.
“It was as if a seagull’s leg was amputated and he flew all over the place.”
Evans’s lawyer, Paul Roelofse, was quick to dismiss the description, quipping that “perhaps a seagull just stubbed its toe”.
He argued the scene was not as gruesome as the state suggested.
Continuing with his heads of argument on Tuesday, Stander criticised the defence’s claim that Evans’s awareness of being a suspect and his decision not to flee should count in his favour.
“If everyone who gets locked up says they knew they were going to be arrested and promises they won’t run, no one would ever stay in jail,” Stander said.
“The fact that [Evans] knew he would be arrested is a completely subjective perception in his own mind.
“Each and every appellant would then merely argue that ‘I knew I was going to be arrested and I did not flee, so I am not a flight risk’.
“This can never be an argument.”
Stander said the alleged crime was a Schedule 6 offence, a classification reserved for serious crimes such as premeditated murder.
He was responding to Roelofse, who insisted that such classification “could not be further from the truth”.
Stander said Evans’s claim that he was at the braai and only saw Van Rensburg later does not fit the evidence.
Neighbours and a security officer testified that Evans must have seen her earlier.
From the start of the argument at around 8pm until he called for help at 1.33am, Evans did not contact anyone for assistance, he said.
Stander also said Evans has a history of violence.
Investigating officer Warrant Officer Kato testified in the initial bail bid that Evans had previously assaulted Van Rensburg on multiple occasions, leaving her injured without arranging medical help.
This pattern, Stander argued, demonstrated a disposition to violence and a disregard for the law.
After the murder, Evans allegedly cleaned up the broken whisky bottle and some blood before calling for help, suggesting an attempt to conceal evidence, Stander said.
He said because Evans had interfered with evidence and state witness Ronel van Eyck, there was a real risk he could do so again if released.
One of Evans’ legal team colleagues, Tiaan van Schalkwyk, contacted Van Eyck during the initial bail application.
Stander said Evans’s attack on the strength of the state’s case was laughable.
He said simply claiming the case was flawed was insufficient.
To justify bail, Stander said, Evans would need to prove on a balance of probabilities that he was very likely to be acquitted — which he argued he cannot.
Stander also said gender-based violence cases should be treated seriously.
“There was no way [Van Rensburg] could speak up against him,” he said.
“[Evans] abused her and ultimately killed her.”
In reply, Roelofse said the state’s case was all based on assumption.
He also again said there was no premeditation.
“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.
“It bears emphasis that Evans did not testify as to the merits of the alleged offence during the bail hearing.
“Likewise, the state never advanced a coherent factual version of events to underpin its claim of premeditation.
“In particular, the prosecutor [who was then Bianca Burger] did not put any version of events to Evans in cross-examination that suggested a planned killing.
“The very notion of planning was simply not explored or tested by the State at any stage of the bail proceedings.”
Gqamana has reserved judgment.
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