Double murder accused Mathew Naidoo may not be out on bail for much longer, if an appeal in the Durban High Court is successful.
The state has applied for leave to appeal the granting of his bail, saying they believe the magistrate misdirected himself by giving bail.
Naidoo, 22, appeared in the Durban High Court dock on Thursday along with his co-accused Nicolette Lotter, 26, and her brother Hardus, 20.
The trio are accused of murdering the siblings’ parents, Magdalena and Johannes Lotter, at their Westville home in July 2008.
Magdalena was shocked with an ”electrocution machine”, bound and gagged, then stabbed repeatedly.
Johannes was assaulted and then strangled with a piece of electric cable.
Naidoo, who has been described by his co-accused as the ”Son of God”, was released on R20 000 bail by Pinetown Magistrate Yugan Naidoo in February.
It was his second bid for bail, after he was refused bail by the same magistrate last year as the court found he was a flight risk.
However, this year he argued that delays in the case had prejudiced him.
On Thursday, the state said the application for leave to appeal would be heard on March 27 by a judge in chambers.
Clad in a white striped shirt and blue jeans, Naidoo entered the court with his mother by his side.
His two co-accused were seen smiling and chatting in the dock while awaiting the start of court proceedings.
The state argued in indictment papers that the three had ”conspired to kill the deceased” and had acted in ”pursuance of a common purpose”.
Earlier in a confession, Nicolette said she believed Naidoo was the ”son of God” because he was able to make predictions that come true.
She said he was ”a medium that God and evil could use to speak to them”.
Judge Chiman Patel on Thursday ordered that the legal aid board file affidavits by April 3, with regards to delays in appointing Danie Grundlingh as the siblings’ attorney and Jan Adriaan Venter as their advocate.
Replying affidavits are to be filed by April 17.
The criminal case against the trio was remanded to May 29. — Sapa