Judge Celeste Reinders on Tuesday postponed her judgement in the bail appeal of first accused Sekwetje Mahlambi to Friday morning. Mahlambi is part of a duo accused of murder and robbery and he is contesting Magistrate's Deon Van Rooyen's decision for bail refusal. 

Advocate Joseph Kgolenya, who is representing Mahlambi says Van Rooyen had failed to take into account all the evidence placed before him. He also told Reinders that Van Rooyen relied on the state's key witness and lead investigator, captain Pieter Myburgh, who he says was evasive in his testimony and didn't have all the details of the case. 

Meanwhile, the state's prosecutor argued that Mahlambi failed to prove beyond reasonable doubt that the state does not have prima facie case against him.

The state prosecutor, who is opposing the bail appeal, says Van Rooyen was not wrong when he denied the murder accused bail citing his alleged tainted credibility. He says on more than one occasion Mahlambi lied in his version of events. Mahlambi is accused of lying about the ownership of one of the dwellings he was found in by Senekal police on the day of arrest on 3 October - a day after Horner's murder in Paul Roux.  

However, Advocate Kgoelenya said the onus was on the state to give compelling and exceptional circumstances because it was opposed to bail application by the appellant. He said the state's case against Mahlambi is weak, circumstantial and that there is no material evidence linking his client to the commission of the crime. He also alluded to different versions given by state's witnesses and amongst them the statement which alleged that second accused, Sekola Matlaletsa and unidentified man where seen descending from a mountain in Fateng Tse-Tsho from the direction of where Horner was brutally murdered.

Previously the court heard during the bail application in Senekal that the DNA samples taken from Horner's bakkie could not be linked to the accused because there results were inconclusive and could not be analysed.

The court also heard  that it could take up to six months to obtain results from blood samples taken from Mahlambi's bloodied trousers. Mahlambi and his co-accused Matlaletsa - who is custody - stand accused of killing Horner after his body was found at an open space around at De Rust farm.

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