‘Steroid King’ murder trial postponed after Accused No 1, Mark Lifman, is shot dead

The trial in the Western Cape High Court of those accused of murdering “Steroid King” Brian Wainstein was postponed for a week on Monday after prosecutor Mervin Menigo informed the court that the main accused, Mark Lifman, had been murdered.

Wainstein was fatally shot at his home in Constantia, Cape Town, in front of his partner and their two-year-old child in August 2017.

Prosecutors claim Lifman paid to have Wainstein killed and that he and others took over Wainstein’s illegal steroid business.

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

Lifman, together with the alleged leader of the Sexy Boys gang, Jerome “Donkie” Booysen, Andre Naude, Sam Farquharson, Egan Morgan, alleged corrupt police detective Wayne Henderson, Ricardo Maarman, Typhenne Jantjies, Bevan Ezaus, Bradley de Bula, Kashief Hanslo, Rowendal Stevens, Ismail Cupido and a Russian, Igor Russol, were charged with 36 counts of murder, attempted murder, intimidation, gang activities, the illegal possession of ammunition and firearms, contravention of the Prevention of Organised Crime Act, contributing towards gang activity and aiding and abetting criminal activities.

Death certificate

On Monday, Menigo told the court: “Mr Lifman was murdered in George on Sunday, and the case is currently being investigated. Given the circumstances and necessary arrangements, I propose that the matter be postponed.

“The initial request of one week is for the administrative process of obtaining a death certificate. Counsel has made several requests for a longer period. I am aware of a legal representative for Booysen and Naude requesting time to speak with her clients about their challenges and circumstances.”

Lifman’s lawyer Estelle Killian told the court, “With the passing of my client I therefore have no further instructions to attend court. I withdraw from the matter and ask to be excused from further proceedings.”

Judge Vincent Saldanha said solemnly: “The court wishes to express its condolences to the family of your client.”

Advocate Amanda Nel, who represents Booysen and Naude, told the court that her security and that of Killian had been compromised by Lifman’s murder as he had arranged for their protection.

Co-accused Naude stood on the steps leading to the court’s exit, staring out and silently crying.

“Lifman’s death came as a shock to everyone. It is still difficult to comprehend. Last week, there was also an attempt on my life,” he claimed.

The National Prosecuting Authority has said it won’t withdraw any of the charges against the remaining accused. Defence teams are expected to file Section 157 applications in terms of the Criminal Procedure Act to separate their trial from Lifman’s, which could delay the matter.

The indictment naming the original 14 accused, with Lifman, Booysen and Naude listed as the first three names, will be amended to remove Lifman.

On Monday, legal experts, who didn’t want to be named, told Daily Maverick witnesses needed to be cautious not to name Lifman as being complicit in a plot to kill Wainstein.

This, they said, would constitute uncontested or hearsay evidence because Lifman cannot defend himself from the grave, nor is there a legal representative to cross-examine allegations against Lifman.

A quarrel and a killing

The State alleges that between May 2017 and August 2017, Lifman and Booysen conspired to murder Wainstein.

The court has heard testimony from the first State witness, referred to as Mr X to mask his identity, that Wainstein traded in illegal steroids and his business was worth R40-million.

The State claims that Lifman and Wainstein quarrelled over investments and property deals and that three months before the murder, Mr X overheard Kishor Naidoo, the subject of an Interpol Red Notice, discussing a plan to murder Wainstein over the phone, with Naidoo requesting that Lifman pay for the killing up front.

“During a meeting in front of the State witness, Booysen and Lifman allegedly agreed to Wainstein’s murder and the amount of money to be paid for it. Lifman allegedly stated that he was unwilling to pay more than R250,000 because he had previously paid R500,000 for an unsuccessful hit on alleged 28s gang boss Ralph Stanfield,” reads the prosecutor’s summary of facts.

Read more: Business of murdered ‘Steroid King’ was worth R40-million, court told

Suspects arrested

Meanwhile, police spokesperson Colonel André Traut confirmed that two suspects, aged 37 and 53, were arrested near Uniondale, Western Cape, on Sunday in connection with Lifman’s murder.

“Their arrest follows a shooting incident that left the 57-year-old dead. After the suspects fled the crime scene, police, law enforcement officials, security companies and crime watch groups were activated to be on the lookout for the suspects in the region. As a consequence, the pair was arrested a couple of hours later,” said Traut.

The suspects are expected to appear in the George Magistrates’ Court on Tuesday, 5 November.

The Wainstein murder trial will resume on Monday, 11 November. DM