WHILE his client is “not old, nor frail”, the defence for accused John-Ross Crossbery Henderson, 38, has argued that, like murder-accused Clive Ferris, 67, he should also be released from custody, as their cases share similarities.

Henderson has been charged with the murder of Kimberley businessman Jayson Afrique, 28, and the attempted murder of his wife, Micayla. Ten shots were fired from the passenger side of their vehicle by a shooter who was standing in the driveway of their home in New Park on July 31, 2024.

Henderson was denied bail on two occasions in the Kimberley Magistrate’s Court.

Ferris was released on bail of R10,000 following an appeal to the Northern Cape High Court on February 7. He stands accused of the murder of Charmaine Anthony and the attempted murder of her son, Lucan Anthony, who was wounded during the attack in Minerva Gardens on December 21, 2024.

His daughter, Advocate Celeste Nameka, was released on bail of R5,500 in the Kimberley Magistrate’s Court. Both Ferris and Nameka were charged with murder, attempted murder, assault with intent to do grievous bodily harm, possession of a firearm without a licence, permit or authorisation issued in terms of the Act, and unlawfully discharging a firearm in a built-up area or public place.

Presenting arguments in an appeal in the Northern Cape High Court on February 19, Henderson’s legal representative, Herholdt Robertson, stated that his client’s cellphone was the single piece of evidence linking him to the crime.

“He may be acquitted of the charges,” said Robertson.

He pointed out that the shooter had not been positively identified by any eyewitness, while the murder weapon had also not been found.

“The crime scene was not cordoned off and police officials, security personnel and members of the public had access to the crime scene,” he stated.

Robertson raised Ferris’s case in his argument.

“This is compared to the judgment that found that Ferris had not initiated the attack but had rushed to protect his daughter from mortal danger. This is while Ferris arrived at the scene with a loaded gun and this resulted in a fatal shooting.”

He added that the vehicle in which Afrique was killed was taken to a panel beater, and the defence was denied an opportunity to inspect it.

“The trajectory of the bullets came from inside the bakkie. The bullet-ridden vehicle is an important exhibit that has been released, while the dash cameras were removed. The father of the accused, Ross Henderson, was - upon instruction from the police - refused access to the vehicle at the panel beaters. This is after the vehicle was released from the police pound. The job card was also not provided to the defence.”

Robertson further indicated that, according to police records, Henderson’s cellphone was picked up by a police official at 8.30pm.

“This is while the shooting was reported to have happened at 8.30pm. Micayla’s father was the first person to arrive on the scene at 8.43pm, after she called him three minutes earlier.”

He questioned whether the person who collected the cellphone was part of the forensic team.

Robertson also pointed out that while Micayla had indicated that she feared for her life, she has since left Kimberley, sold the security business, and relocated to Cape Town.

He reiterated the Ferris case in his argument.

“The court can impose bail conditions, as they did for Ferris. Henderson is not a flight risk and has undertaken not to contact any witnesses. He has close ties in Kimberley - his girlfriend and children live here and he operates his business in the city. He will not leave the magisterial district of Kimberley.”

Robertson stated that his client was unable to conduct his business from inside prison, as his personal cellphone had been confiscated.

“He has 134 employees and he is unable to pay salaries. My client is able to afford R5,000 bail, and if necessary, his family can assist in raising more money.”

State advocate Theunis Barnard was not convinced that Henderson was “not familiar” with court processes, as he claimed.

“He was a former SAPS Public Order Police officer, even though he was not required to testify in court. His father has knowledge of the law,” said Barnard.

He did not believe that any new facts were presented during Henderson’s second bail application.

“It does not make any difference to the State’s case. That his family is based in Kimberley, that he cannot operate his business or pay salaries, does not justify his release. It is not in the interests of justice to grant him bail. ”

Barnard stated that it was not disputed that Henderson’s cellphone was found next to the motor vehicle where the deceased was shot.

“It is irrelevant who picked up the device,” he said.

Acting Judge Tyuthuza reserved judgment.