The defence in the case against alleged insurance killer, Segomotsi Setshwantsho, said the conditions of her detention and her ill health made her eligible for bail.
The 49-year-old murder accused is applying for bail in the Mmabatho Magistrates Court.
She is accused of murdering a niece in March last year by giving her a poisoned sandwich for a R3 million insurance payout.
The bail hearing will continue on Monday.
In her founding affidavit, Segomotsi Setshwantsho argues that she was deprived of her diabetes medication for weeks during her arrest and detention at a local police station in Mahikeng.
Her lawyer, Nhlanhla Mahlangu, has argued that the fact that the Department of Correctional Services must go to the Bophelong Hospital to stock up on her medication shows that they cannot provide what she needs.
Mahlangu has also pointed out the restrictions around Setshwantsho’s visitors, including her lawyers.
“Considering the fact that before you are ever able to see her you need to seek clearance from Detective Mabunda.
Mahlangu said this jeopardised her ability to prepare her defence adequately and by extension, her right to a fair trial.
Mahlangu believes these circumstances are exceptional, which is a requirement for bail for a person facing a Schedule 6 offence.
-EWN
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