There is no “sound rational basis” to grant businessman Rob Packham’s application for leave to appeal the cancellation of his bail.
This was the argument by Senior State prosecutor Susan Galloway in the Cape High Court on Tuesday.
Packham, who wasn’t in court, and is currently being held at Pollsmoor Prison, had his R75 000 bail revoked in December last year because he allegedly contacted state witnesses in breach of his bail conditions.
The 57-year-old is facing charges of murder and defeating the ends of justice for the murder of his wife, Gill Packham, in February last year.
The State alleges he used a blunt object to hit her on the head and set her BMW on fire while her body was in it in Diep River.
In December Packham allegedly tried to make contact with his former mistress through a mutual friend.
He allegedly typed a letter that was delivered to the security desk at the complex where the friend lived.
He also allegedly sent text messages to the friend on 17 October.
But defence lawyer Ben Mathewson said there was no evidence the SMS was sent by Packham.
“He denies it. I must ask the court to consider the haphazard way the police investigated this aspect. It’s hearsay on hearsay.”
Packham was initially granted R50 000 bail after his arrest, but it was increased to R75 000 in September after he contacted State witnesses, including his mistress.
Judge Elizabeth Baartman will deliver her ruling on Wednesday.
Packham’s trial is set to start on 11 March.