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Lifman killing aftermath — ‘anxious’ State witness temporarily unfit to testify in ‘Steroid King’ murder trial

Lifman killing aftermath — ‘anxious’ State witness temporarily unfit to testify in ‘Steroid King’ murder trial
Andre Naude (left) and Mark Lifman. (Photo: Gallo Images / Foto 24 / Nasief Manie)
Vincent Cruywagen
By Vincent Cruywagen
11 Nov 2024
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In an apparent link to Mark Lifman’s killing, State witness ‘Mr X’ has been ruled temporarily unfit to testify in the Brian Wainstein murder trial, leading to delays the defence says could be unreasonable.

A psychiatrist has declared key State witness “Mr X” temporarily unfit to testify in the murder case of Brain Wainstein, known as the “Steroid King”. A member of the defence team said this was linked to anxiety on the part of the witness after the murder of the first accused in the case, alleged underworld figure Mark Lifman.

lifman wainstein Mr X Murdered ‘Steroid King’ Brian Wainstein. (Photo: Supplied)



Mr X was to have continued his evidence in chief in the Western Cape High Court on Monday, 11 November 2024.

Mr X, who the court has ordered cannot be named, is the State’s first witness in the trial against alleged underworld figures, the late Lifman, Jerome “Donkie” Booysen and their co-accused for the murder of Wainstein.

lifman booyen naude Mark Lifman, Jerome Booysen and Andre Naude appear at Western Cape High Court on 22 April 2024 in Cape Town. The suspects face a host of charges, including the Brian Wainstein murder, conspiracy to commit murder, money laundering, conspiracy to incite people to public violence, possession of unlicensed firearms and corruption and obstruction of justice. (Photo: Gallo Images / Die Burger / Jaco Marais)



Mr X has told the court that he beat people up as part of his debt-collecting duties for Lifman and Wainstein. He has admitted to his role in Wainstein’s murder, for which he also faces charges, but could be exempted from charges if he is found to have told the truth on the stand. Booysen and the late Lifman had already pleaded not guilty to the charges.

Read more: ‘Gang boss’ Ralph Stanfield wanted to take over ‘Steroid King’ Brian Wainstein’s business after killing — witness

State prosecutor Mervin Menigo handed to the court the psychiatrist’s report, which was marked as “confidential”. However, the defence argued that there were opposing reports before the court, with one from a psychologist stating that Mr X could continue with his testimony.

The psychiatrist’s report provided no details on what caused Mr X’s sudden illness, only stating that Mr X was not fit to testify. He will be evaluated weekly and the court is set to consider the matter again on 2 December.

Confidential evaluation


Mr X was sent for medical examination after a dizzy spell during a hearing on 7 October. 

“Mr X also attended the rooms of a clinical psychologist who reported on Mr X on Thursday, 7 November. Mr X’s first appointment with a psychiatrist was on Friday, and he was issued a certificate indicating that he is not fit to testify at this time due to his mental health. The psychiatrist’s medical certificate states that the nature of the illness is confidential,” said Menigo. 

“I’m only aware of the medication where she insisted that a blood test is necessary in management of his medication,” said Menigo.

“The psychiatrist was reluctant to share the confidential information content of the report. All that I’m aware of is that the psychiatrist will be seeing [him] at the end of November once he has done his blood test,” Menigo told the court.

Judge Vincent Saldanha said that to be fair to the court, both the defence and the accused should be aware of what triggered Mr X’s condition.

The court also heard that co-accused Andre Naude had been hospitalised since Sunday, 10 November, and a medical certificate indicated that he would be able to return to court on Wednesday, 13 November.

naude lifman Andre Naude (left) and Mark Lifman. (Photo: Gallo Images / Foto 24 / Nasief Manie)



However, his legal representative, advocate Amanda Nel, told the court that she had spoken to her client, who had indicated that he would appear in court on Tuesday, 12 November. 

Read more in Daily Maverick: ‘Steroid King’ Brian Wainstein murder — two alleged underworld figures plead not guilty.

Application for undue delay


Nel, who represents both Booysen and Naude, outlined how Mr X had fallen ill and been booked off on multiple occasions during the murder trial. She said, however, that the psychologist found Lifman’s murder had caused Mr X anxiety (although the psychologist had found he could continue his testimony).

“It is clear that the demise of Lifman, according to the psychologist who saw Mr X on 7 November 2024, had an impact on Mr X which in all fairness might be acceptable. We all were impacted by this incident,” said Nel.

“It appears that we are now dealing with another trigger point: the death of the accused caused anxiety. What we have in front of us right now is Mr X being booked off for nearly a month” for confidential reasons, Nel argued.

Read more: Mark Lifman murdered — the life and alleged crimes of the controversial Cape businessman

“I think we need more information because there are opposing expert opinions. We cannot at this stage say the delay is definitively unreasonable. But I think we should define what the situation of the witness is because this will impact on the total proceedings of this trial,” said Nel.

Nel gave the court notice that her clients would submit an application in terms of section  342A of the Criminal Procedure Act on what she said was an unreasonable delay in the case.

Judge Saldanha suggested the application might be premature. Nel replied, “Yes, it may be premature,” but said the court would have to determine at some point whether the delays were unreasonable.

“What is the next step with Mr X? How long and how frequently will this occur? According to the psychologist, the trigger has shifted from not wanting to be in the court environment to anxiety. It is clear what caused the relapse,” said Nel.

“What is more concerning is that the State led this evidence, requiring Mr X to undergo a blood test before his medication can be administered. We don’t even know why his psychiatrist said that. We don’t have that information,” Nel argued.

Read more: Mark Lifman killing raises safety fears for legal teams at ‘steroid king’ Brian Wainstein murder trial

Cellphone records


In light of Mr X’s inability to take the stand, Menigo said the State planned to call a police officer, a Captain Rossouw, who would be available to testify on Tuesday, 12 November. Rossouw is to give evidence on cellphone interceptions.

Nel argued that the court should not proceed with Rossouw’s evidence before finalising Mr X’s testimony as the evidence was related. The defence would oppose the State’s attempt to introduce Rossouw’s evidence, which could lead to a trial within a trial. 

“We will introduce a witness whose evidence directly links to, corroborates, or contradicts the possibility of Mr X’s evidence. The State is now interposing Captain Rossouw, who will present a large volume of evidence,” said Nel. 

The matter continues before Judge Saldanha on Tuesday, 12 November 2024. DM

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