Packham in bid to have bail reinstated
ALLEGED wife killer Rob Packham wants his bail reinstated after he was arrested for breaking his bail conditions.
Packham was in the High Court yesterday to appeal against the cancellation of this bail. He is accused of killing his wife, a Springfield Convent secretary, Gill Packham.
Gill’s body was found in the boot of her burning BMW vehicle near the Diep River railway station, after she was reported missing. On February 22, the day she went missing, she left home for work, in Wynberg, at about 7am. Packham was arrested a week after his wife’s murder and released on R50 000 bail.
In September, the court found Packham had broken his bail conditions by going to his mistress’s workplace to drop off flowers as well as for sending her electronic communication. As a result, his bail amount was increased from R50 000 to R75 000. He was placed under house arrest and banned from having any electronic device to send or receive communication.
His bail was revoked in the second bail inquiry in December.
Yesterday, Packham’s counsel Ben Matthewson said Judge Elizabeth Baartman erred in finding in favour of the State on a basis of probabilities based on speculation and “not proven facts” especially when weighed against the evidence of the State.
“The State did not have factual proof in respect of the authorship of communication alleged to have been in breach of bail conditions and accordingly relied on what was essentially speculation by its witness (the investigating officer),” he said.
It was the State’s submission in the second bail inquiry that Packham tried to make contact with his former mistress through a mutual friend.
He typed a letter and had it delivered to the security desk at the complex the friend lived in. The letter had initials similar to Packham’s alias “Richard Hopkins” used by him in previous communications. Packham also sent text messages to the friend on October 17, just after midnight.
“The State did not prove on a balance of probabilities that (the mistress) was in any manner intimidated or influenced by such alleged correspondence,” Matthewson submitted.
State advocate Susan Galloway said bail being revoked must not be taken in isolation but in consideration of preceding events.
“The court was correct in finding that the communication [email] was sent to the witness by the applicant [Packham].
“Preceding the order the applicant consistently and after being warned not to do so, acted in intentional breach of his bail conditions… It cannot be in the interest of justice to allow an accused to abuse his bail conditions with no consequence.”
Judge Baartman will deliver her ruling today.