The bail applications of the two men from Gqeberha who allegedly murdered a known gangster, got underway in the city's Magistrates Court on Thursday.
The state alleges that Meikhyl Wynford, 30, and Enzo Kingsley, 29, killed Cheslyn Philander in Habelgaarn Street in Gelvan Park on 23 December last year.
That night police responded to a complaint of trespassing at a house, where Philander was allegedly being assaulted by a group of people.
He sustained multiple stab wounds and other injuries all over his body.
Wynford and Kingsley were arrested on 23 January and appeared in court on the same day.
During the bail application, Wynford's attorney, Danie Gouws, said police contacted his client a month after the murder and that he handed himself over to police.
He said the time lapse between the incident and the arrest had been "lengthy."
According to the State, witnesses who were present on the night Philander was attacked linked the accused to the case after an ID-parade was held.
Gouws said that a photo ID-parade does not carry any weight during the trial stage.
He further said that if Wynford was indeed present on the night Philander was attacked, he would have expected the police present to do their job and arrest him or anyone else involved.
"We are most probably sitting with the wrong people being charged due to this ID-parade," he said.
From the investigating officer's statement, it came to light that before being assaulted in Gelvan Park, Philander had been attacked in Schauderville during a gang fight.
He had fled to the Gelvan Park area to escape his attackers in Schauderville.
The State accused Wynford of undermining the justice system by committing another offence while he was on bail and under house arrest for a separate pending matter (the unlawful possession of a firearm).
Gouws said this allegation was incorrect because the investigating officer was well aware that his house arrest had been cancelled last year to accommodate his work schedule.
Regarding Wynford's personal circumstances, Gouws said he had fixed employment, strong family ties within his community, and that he supports his three minor children financially.
Should he be released on bail, he undertook not to interfere with state witnesses.
Speaking on behalf of Kingsley, his attorney Ryno Scholtz said his client was on parole for a previous conviction but that it would not be affected by the outcome of the current bail application.
Scholtz said Kingsley was willing to adhere to any bail conditions set, he did not intend to interfere with or intimidate state witnesses, and he was not in a position to conceal or destroy evidence.
According to Scholtz, Kingsley will suffer financial prejudice should he remain in custody.
"I submit that the State does not have a strong case against the accused.
"My client has already been in custody for 23 days. There is no guarantee that this matter will go to trial within this year," he said.
Philander was linked to the murder of 14-year-old Kurtley Rossouw, who died after he was hit with a stray bullet, during a drive-by shooting in Bethelsdorp, in June.
Police confirmed that Philander had flouted his bail conditions when he was killed.
The bail application of Wynford and Kingsley was postponed to 21 February.
