‘Abuse of bail conditions has consequences’

THERE is no “sound rational basis” to grant Constantia 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 Western Cape High Court yesterday.

Packham, who did not appear in court and is being held at Pollsmoor prison, had his bail revoked in December 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 in relation to the death of his wife, Gill Packham, in February last year.

Her body was found in the boot of a burnt-out BMW near Diep River train station. The State alleges that her husband used a blunt object to hit her on the head and set her BMW on fire while her body was in it.

Judge Elizabeth Baartman cancelled his R75000 bail on December 20 after the State alleged Packham tried to make contact with his former mistress through a mutual friend. He allegedly typed a letter that was delivered to the complex the friend lived in.

He then allegedly sent text messages to the friend on October 17, in breach of his bail conditions.

Defence lawyer Ben Matthews told the court yesterday that 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.”

Matthews said the State had not proved that his client was in breach of his bail conditions and argued that another court may come to a different conclusion. But Galloway disagreed, arguing that it was not the first time he had breached his bail conditions.

Packham was initially granted R50 000 bail after his arrest, but it was increased to R75000 with more stringent conditions after he contacted witnesses.

Galloway said: “The applicant consistently acted in intentional breach of the conditions of his bail. This honourable court was correct to find that ‘it cannot be in the interests of justice to allow an accused to abuse his bail conditions with no consequences’.”

Baartman will deliver her ruling today at 2pm. Packham’s trial has been set down to start on March 11.

Agency (ANA) | TRACEY ADAMS African News Rob Packham, accused of the murder of his wife Gill Packham, leaves court after his initial bail application.