Candice Robertson (Photo: Karen Kwalie/Facebook)
Etienne van der Merwe was acquitted of the murder of Candice Robertson after the court granted a section 174 application and found that the state had not produced sufficient evidence to link him to her death.
The decision means that Van der Merwe does not even have to present his defense in the case, as the magistrate found that the evidence presented by the state was not strong enough to support a conviction.
Robertson was found dead on 30 April 2022 in a guest house in Groenpunt in Cape Town. Van der Merwe, her boyfriend, apparently called the owner of the guest house and said that she had taken her own life.
However, according to testimony during the trial, forensic experts raised several questions about this version. A forensic specialist from the South African Police Service (SAPS) testified that the hook from which Robertson was apparently hanging broke immediately during a weight test.
The expert also said the horizontal marks on Robertson’s neck indicate strangulation with a belt rather than marks that typically occur when someone hangs.
A forensic pathologist further testified that Robertson’s death was classified as unnatural and that visible blood pooling in her face and bruises may indicate strangulation. The pathologist also indicated that there were no signs of CPR that Van der Merwe apparently performed on Robertson.
Action Society said on Monday that the court’s ruling was devastating for Robertson’s family.
Robertson’s two sisters, Chantal Isaacs (left) and Meagan Croats (right) at court (Photo: ActionSA)
“The Robertson family has been carrying the heavy burden of this case for almost four years with the hope that the truth about Candice’s death would come to light in court. Today’s verdict means that they will not see accountability for her death through the criminal justice system,” says Kaylynn Palm, head of Action Society’s action center in the Western Cape.
“The family is devastated and will now have to try to find relief in another way.”
Palm believes the result emphasizes again how important thorough police investigations are in cases of suspicious deaths.
“When a case collapses through a section 174 application, it means the court has found that the state’s case was not strong enough to even require the accused to present a defence. It puts the spotlight directly on the investigation and whether sufficient evidence was gathered to establish what happened to Candice Robertson.”
Palm says the organization will continue to advocate for stronger investigative capacity and accountability in cases of suspicious deaths of women so that families are not left without answers.
Maroela Media previously reported that Robertson’s body was found on 30 April 2022 in a room in the Jumbo guest house in Groenpunt. Van der Merwe was arrested at the time in connection with her death and later released on bail of R6 000.
The case subsequently appeared in the Cape Town Magistrate’s Court several times as the investigation continued, and Robertson’s family and friends regularly gathered at the court to demand justice for her death.
Robertson, a freelance photographer, is survived by her teenage daughter.