George Louca will stay and face charges in SA
The Cypriot national has lost his court bid to have him sent back home because of his illness.
JOHANNESBURG - George Louca's application to be sent back home has been dismissed.
BREAKING Application for George #Louca to be allowed to go home is dismissed. He must stay in prison in South Africa.
- EWN Reporter (@ewnreporter) April 22, 2015
Judge Geraldine Borchers on Wednesday said, "Any release order I make would have the effect of permanently preventing the state from prosecuting him."
Borchers said she finds it 'improbable' that Louca will actually return to stand trial for murder.
"I can place no weight on his undertaking that he will return. He has no property and no family here."
In handing down her ruling, Borchers admitted that she felt moved by Louca's lawyer's argument.
"The address by Mr Bloomberg was so compassionate that I could only be moved by these. But according to the accused own evidence, he does not abide by the law when it suits him."
His lawyer, Owen Bloomberg, said his client would be disappointed.
"I do appreciate the caring concern expressed by the judge in the current circumstances. We will obviously have to consider further action."
Louca was not present in court this morning.
The Cypriot national made an emotional plea to Borchers on Tuesday asking that if he is to die, he do so with his family.
Louca, who is suffering from stage four lung cancer, was extradited to South Africa to stand trial for the 2010 murder of strip club boss Lolly Jackson, but he says Czech businessman Radovan Krejcir was responsible.
Krejcir has denied this.
WATCH: The night Lolly Jackson was killed - George Louca speaks
Gasping for air during his testimony in the Palm Ride Magistrates Court yesterday, and fighting back tears, a frail Louca pleaded with Borchers to allow him to go home.
"What I am asking you, allow me to be next to my family. If it happens I must pass away, I want to be next to my family, please."
He also gave an undertaking that he will return to the country to stand trial, so that he can fight Krejcir.