Doctors who switched off the life-support machines of ex-provincial rugby player, Andries Pieters, should be held responsible for his death, defence lawyers said.

The defence team of the four men accused of murdering Pieters told the Brakpan Magistrate's Court on Friday they could not be charged with murder because their attack on Pieters did not cause his death.

"The doctors and the family who decided a day later to switch off the machine, are the people who caused the death and who should be considered the murderers of Pieters.

"At most my clients can be charged with assault with the intention to cause serious damage," said advocate Zehir Omar.

Pieters (39) was attacked at Carnival City casino in Brakpan last Saturday after a scuffle broke out between him and the four men.

The men were arrested shortly after the incident. They are Mohammed Jabban (21), Raadhil Omar (19), and brothers Naheed (21), and Nihal Khan (18) all from Johannesburg.

"The switching off of the life supporting system in the circumstances is an intrevening act and is the cause of the death, not the scuffle. The deceased was still well alive when he was taken to hospital," Omar told the court.

"While he was still alive, we are instructed, that the wife and close family approved the machine that kept him alive to be switched off so that his organs could be donated for transplant," Omar said.

The lawyer's assertion

Pieters, a former East Transvaal rugby player, was declared brain-dead at around 4am on Sunday. The machines were switched off on Monday.

"The question should be asked what would have happened if the machine were not unplugged?" Omar said.

The men were appearing in court on Friday for a bail application.

Last Wednesday they unsuccessfully tried to apply for bail in the South Gauteng High Court. In their application to the High Court, the men said they had not imbibed any liquor on the night they beat up Pieterse.

However, the defence's only witness, Zemeel Cassim testified they all drank red wine that night.

He testified that when one of the accused hit Pieters he fell on the ground, got up and was hit again. He and one of the accused then fell again.

That is when the other three accused started attacking him.

"They did not kick him, they trampled on him, it was like when one is trying to crush a tin can," he said.

The bail application continued.