Candice Robertson, a 28-year-old woman, was allegedly strangled at a guest house in Green Point, Cape Town, in April 2022. The man accused of her murder, Ettienne van der Merwe, has been granted a discharge and acquittal, sparking widespread outrage among civic organisations and the community.
Murder Investigation and Trial
Van der Merwe’s defence team brought an application for a Section 174 discharge, arguing that the state did not prove its case. The state’s case was that Van der Merwe phoned the owner of the establishment claiming that Robertson had committed suicide. However, when law enforcement and medical personnel arrived at the scene, suspicions were immediately raised that Robertson may have been murdered, and Van der Merwe was arrested.
The trial saw testimony from forensic experts, including a SAPS forensic specialist who found that the bracket allegedly used for the hanging failed a weight-bearing test instantly. The expert also noted that the horizontal marks on Robertson’s neck were more consistent with strangulation by a belt than with the V-shaped marks typically associated with a self-inflicted hanging. A forensic pathologist further classified the death as unnatural and testified that facial congestion and bruising could indicate strangulation.
Concerns Over Police Investigation
Civic organisation Action Society, which has been following the proceedings, expressed deep concern over the court’s decision. The organisation’s Western Cape Action Centre head, Kaylynn Palm, said the outcome is devastating for Robertson’s family. According to the South African Police Service, a thorough investigation is crucial in cases involving suspicious deaths. Palm added that the case highlights the importance of quality police investigations, as a collapsed case means the court found that the state’s case was not strong enough to even require the accused to present a defence.
Some of the key concerns raised by Action Society include:
- Poor quality of police investigations
- Lack of accountability in cases involving suspicious deaths
- Insufficient evidence presented in court
The Department of Justice and Constitutional Development has a critical role to play in ensuring that justice is served in such cases. Action Society said it will continue advocating for stronger investigative capacity and accountability in cases involving suspicious deaths.
