15 August 2024
Attorney Rael Kassel, who stands accused of attempting to murder his partner, in the Cape Town Magistrate’s Court. Photo: Riyadh Karodia
Sea Point attorney Rael Kassel, charged with the attempted murder of his partner Sheline Uygun, was denied bail at the Cape Town Magistrates’ Court on Wednesday.
Kassel, who was arrested on 4 July, brought an application for bail before Magistrate Alida Theart on the basis that he is elderly (65), suffering from various chronic diseases, and in need of dialysis.
Kassel admitted that an argument between him and Uygun on 25 June led to a physical altercation, but denied intending to cause grievous bodily harm or attempting to murder her.
The state opposed bail and provided medical reports, witness testimonies, charge sheets, and affidavits from police officers. This was in contrast to Kassel’s application supported only by affidavits by Kassel and his attorney Gary Trappler. Trappler is accused of a separate racially motivated attack, with his criminal case ongoing.
The court found Uygun’s statement to the investigating officer was corroborated by an independent medical practitioner’s report, which indicated injuries to her throat, neck, shoulder muscles, breasts, upper back, lower back, and thighs.
The state submitted another medical report related to a 2023 case of domestic violence against Kassel, which had been closed following a mediation process during which Kassel agreed not to threaten, intimidate or harm Uygun again.
The court found previous testimony by Trappler, that Kassel did not have long to live due to his illness, was based on hearsay, with Trappler having heard of it from Kassel’s brother and a doctor at New Somerset Hospital. No confirmatory medical report was submitted.
Magistrate Theart expressed her dissatisfaction and annoyance at the defence’s handling of its application, referring to it as “not procedurally correct”. She also criticised the defence for repeatedly opening and closing its case.
The court also found Kassel provided no evidence for his claim that he had clients’ legal matters and pending cases to attend to.
The state’s concern that Kassel may evade trial and would be difficult to trace was upheld. Kassel holds dual citizenship, with South African and Australian passports.
Magistrate Theart ruled that Kassel failed to prove he would not evade trial and that he would not cause further harm to Uygun, hence his application for bail was not granted.
Kassel will remain in detention at Pollsmoor Prison’s medical facility, with the case adjourned until 26 September for further investigation.