Cape Town cricketer Tristan Perez, charged with the murder of his girlfriend, Elana Brooke, has been granted bail.

• The family of Elana Brooke say they are “gutted” after the Wynberg Magistrate’s Court granted R5 000 bail to her boyfriend, Tristan Perez, who is accused of strangling her to death.
• Police evidence presented in court points to signs of a violent struggle, including a voice recording allegedly capturing an argument and scuffle.
• The court ruled that the State failed to prove Perez is a flight risk or a danger to society.

The family of Elana Brooke say they are “gutted” after the Wynberg Magistrate’s Court granted bail to her boyfriend, Tristan Perez, who is accused of strangling her to death.

Police evidence presented in court points to signs of a violent struggle, including a voice recording allegedly capturing an argument and scuffle.

The court ruled that the State failed to prove Perez is a flight risk or a danger to society.

Perez, who had told the court that he could afford bail in the amount of R25 000, was granted R5 000 bail.

He allegedly strangled Brooke following an argument at her Diep River home. Both families and friends of the accused and the deceased packed the courtroom during the bail proceedings.

READ | Inside final fight between Cape Town cricketer and his murdered girlfriend

In an affidavit read in court, investigating officer Sergeant Thabo Mfeka said detectives found signs of a violent struggle at the scene.

“There were clear indications of a fight rather than a mere argument. Pills found on the steps were scattered in a suspicious manner, raising concerns of possible foul play,” the affidavit read.

Police are also in possession of a voice recording allegedly made by Perez, capturing an argument and what investigators believe to be a physical altercation. The recording, which was not played in court, is understood to be distressing, and News24, through sources, found that the prosecution feared the contents would upset the family.

Mfeka said it captures Perez accusing Brooke of not loving him, and that tensions then escalate. Sounds of a struggle, objects falling, and Brooke screaming are allegedly heard, followed by silence.

A postmortem confirmed that Brooke died of strangulation and sustained multiple bruises to her face, chest and body. The pathologist also found no evidence of tablets in her mouth or stomach, contradicting claims that she may have taken pills. The State alleges Perez attempted to stage the scene as a suicide.

Prosecutors opposed bail, citing the seriousness of the charge and concerns that Perez – who holds a passport – had booked a flight to Heathrow in the UK, with no proof that it had been cancelled. At the time of his arrest, he was working as a cricket and hockey coach at Rondebosch Boys’ Junior School.

Perez, through his defence, elected to remain silent on the merits of the case.

READ | From pitch to Pollsmoor: Cape Town cricketer accused of staging girlfriend’s ‘suicide’

His advocate, Adrian Samuels, argued that the State’s case was largely circumstantial and lacked direct witnesses.

“The flight was booked prior to the incident and is unrelated. The postmortem is simply a medical report – we are not disputing the cause of death,” he said, adding that bail proceedings should not serve as punishment.

In a strongly worded ruling, Magistrate B Khan said the State had failed to prove that Perez posed a danger to society or that he would evade trial. She stressed that the court was not determining guilt or innocence and that each bail application must be assessed on its own merits.

“While such offences are prevalent, this court cannot make the accused a scapegoat for femicide,” she said, granting bail.

Outside the court, Brooke’s ex-husband and family spokesperson, David, described the decision as a “slap in the face” for victims of gender-based violence.

Vowing the family would continue to fight for justice, he said:

Meanwhile, Perez’s mother, Rhoda, said she was relieved her son would be returning home after weeks in custody. He is expected to live with his father.

“We have been vilified as a family, but supporting our son does not mean we condone what may or may not have happened. We love him unconditionally,” she said, thanking those who stood by them.