The Western Cape High Court has upheld its decision to find Jeremy Sias not guilty of the murder of slain showjumper Meghan Cremer following an application for leave to appeal by the State.
In her response on Friday, Judge Elizabeth Baartman maintained that witnesses who testified near the end of the trial remained credible despite claims to the contrary by the State.
Earlier this year, Baartman found that the State had not proven beyond reasonable doubt that Sias had murdered Cremer.
The State alleged that in 2019, Sias had strangled Cremer to death after stealing her laptop, handbag, bank cards and car.
In his defence, Sias claimed to have found her car abandoned near a farm and went on a joyride with his friends. He admitted to dumping Cremer’s body after finding it in the boot.
Baartman found Sias not guilty of murder, saying the state had failed to prove its case after explosive testimony by the wife of the farm owner, Linda Mohr, who outed Cremer as a drug addict and presented WhatsApp messages as proof.
She told the court that three “Malay” men came to the farm to watch Cremer as she took lessons, seemingly to intimidate her.
Sias was eventually convicted of two counts of theft and defeating the ends of justice for dumping her body.
He was given an eight-year sentence, which was suspended for four years.
During the appeal arguments, State Advocate Susan Galloway said Mohr sat with her information for several years and had not come forward.
Defence advocate, Bash Sibda, objected to the application saying the State Prosecutor had every opportunity to recall witnesses after Mohr testified, but had failed to do so.
In her judgement, Baartman, agreed with Sibda.
Mohr’s testimony and that of her son James included claims that in the weeks leading up to her death, Cremer had allegedly used cocaine and was seen with large amounts of money. Mohr told the court that she had bought a horse for R75 000 and paid with cash.
Baartman said the mom and son duo were found to be credible and that the WhatsApp messages between James and Cremer regarding the use of cocaine “speak for themselves” and the information provided that there was a possibility someone else had killed Cremer.
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