Action Society notes with deep concern the outcome of the Candice Robertson murder case after the court today granted a Section 174 application brought by the defence, resulting in the acquittal of Etienne van der Merwe.
Candice Robertson was found dead at a guesthouse in Green Point on 30 April 2022 after her romantic partner, Van der Merwe, phoned the owner of the establishment claiming that she had committed suicide. 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. Despite the seriousness of the allegations, he was later released on bail of R6 000.
During the trial, the State presented testimony from forensic experts that raised serious questions about the accused’s version of events. A SAPS forensic specialist testified 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. The pathologist also noted that there were no signs of the CPR the accused claimed to have performed.
Despite these concerns, the defence brought a Section 174 application arguing that the State had failed to present sufficient evidence linking Van der Merwe to Robertson’s death. The magistrate agreed, ruling that the police investigation and the evidence presented in court failed to prove beyond a reasonable doubt that Van der Merwe murdered Robertson.
Action Society’s Western Cape Action Centre head, Kaylynn Palm, says the outcome is devastating for Robertson’s family.
“The Robertson family has carried the weight of this case for nearly four years, hoping that the truth about Candice’s death would be established in court. Today’s ruling means they will not see accountability for her death through the criminal justice system. The family is devastated and will now have to find closure another way,” says Palm.
Palm says the case again highlights how critical the quality of police investigations is in cases involving suspicious deaths.
“When a case collapses through a Section 174 application, it means the court found that the State’s case was not strong enough to even require the accused to present a defence. That places the spotlight squarely on the investigation and whether enough evidence was gathered to prove what happened to Candice Robertson.”
Action Society says it will continue advocating for stronger investigative capacity and accountability in cases involving the suspicious deaths of women so that families are not left without answers.
Soundbite:
