The appeal against the bail judgment of 55-year-old murder accused, Arnold Terblanche was being heard at the Port Elizabeth High Court in Gqeberha on Thursday.
Terblanche, who is not present in court was denied bail in January.
He is accused of orchestrating the murder of his estranged wife 42-year-old Vicki, whose body was found buried in a shallow grave in Greenbushes in October last year.
Senior Defence Council, Advocate Francios Van Zyl, during his heads of argument, said Magistrate Kriban Pillay erred in finding that there were no exceptional circumstances in Arnold's bail application.
He says the court failed to consider his strong emotional and occupational ties to the city, which includes his 12-year-old son and his company Proac Engineering where he was the former director.
Arnold's bail was refused on the likelihood that he is a flight risk and would possibly interfere with witnesses.
State Advocate, Marius Stander, meanwhile said, it is impossible to separate his conduct during the divorce proceedings with Vicki, from the criminal charges he faces.
Stander says this is an opportunistic approach in that motive for the murder stems from the divorce because it could not be settled with his desired outcome.
He added that the minor child came as an afterthought that could be used to help him get bail.
The appeal is being heard by Judge Glen Goosen who will deliver his Judgment on Tuesday.
