The Western Cape High Court denied murder accused Mark Lifman’s request to travel abroad to explore business opportunities.
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As per the Daily Maverick, Judge James Lekhuleni dismissed Lifman’s application, stating that the State is attempting to have another accused extradited to South Africa to face charges alongside him.
Lifman wanted to travel to Turkey, where co-accused Kishor Naidoo is based. According to the judgment, he might exploit this fact.
Lifman applied to amend his bail conditions, seeking permission to deposit an additional R150 000 in cash and to have his passport returned for potential business ventures in Turkey, Dubai, China, and Hong Kong.
His initial bail conditions, imposed on 22 December 2020, restricted his access to his passport. The State strongly opposes his application, expressing concerns that he might evade trial if granted bail.
This isn’t the first time Lifman has sought permission to travel. In November 2021, he filed a similar application to retrieve his passport, citing a consulting opportunity in Turkey. The request was denied by the Western Cape High Court, and his appeal to the Supreme Court was unsuccessful.
In his recent application, Lifman argues that the trial against him faces significant delays, originally scheduled from 28 February to 24 March 2022. He claims to have engaged a private digital forensic expert to challenge the State’s phone data evidence, aiming to prove his innocence against the charges.
State prosecutor Mervyn Monigo opposed Lifman’s recent application, arguing that granting permission for international travel could pose a significant risk of Lifman absconding, leading to substantial prejudice for the State and its witnesses.
‘The poor level of cooperation between Turkey and Dubai, two of the destinations listed by Lifman in his application, are such that it could be a lengthy procedure to ensure his extradition, with no guarantee of success, as is evidenced by the fact that the Turkish authorities offered no genuine assistance in returning the wanted suspect in this matter – one Mr Kishor Naidoo.’
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Among the slew of charges against him, alleged Sexy Boys gang boss Jerome Booysen and 13 others, Lifman is accused of murdering the ‘steroid king’ Brian Wainstein in 2017. He also stands accused of conspiracy of murder, and contraventions of the Prevention of Organised Crime Act.
Lifman, Booysen and former Cape Town bouncer and alleged gang figure André Naude are currently out of R100 000 bail. Naidoo, also known as Kamaal, is listed on a red notice by Interpol on charges of attempted murder, conspiracy to commit murder, the possession of an unlicensed firearm and ammunition, and money laundering.
As reported by the Daily Maverick, Wainstein was killed at his home in Constantia in August 2017. In December 2020, Lifman, Booysen and the late William ‘Red’ Stevens were arrested in connection with the murder.
Stevens was known as of the most seasoned 27s gang members in the Western Cape. He was killed in a shooting in the City in February 2021.
A trial date of 24 April 2024 is set for the next court appearance. ‘In my view, there can be no doubt that this matter will take some time to be finalised. There are 15 accused charged together with Lifman. The 15 accused are facing various counts totalling 38. This matter has been fast-tracked. A judge has been allocated for this matter, and the trial date has been set. All counsels have confirmed their availability to commence with the trial in the second term of 2024,’ says Judge Lekhuleni.
‘Crucially, Lifman contends that his passport be returned to him and that he will stand trial and won’t abscond. It bears emphasis that Lifman ipsi dixit (meaning he said it) that he will stand trial is not enough.
‘His say-so is certainly not a cognisable indication that he will not abscond and will return to the country and stand trial if his conditions were to be amended.’
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