A LEAKED audio recording between the State and witnesses had led to the postponement of the trial of 14 policemen charged with the murder of Regan Naidoo, 32, who was allegedly killed while in custody at the Chatsworth SAPS station holding cells.
Naidoo, a security technician, was detained at the station on August 28, 2018, for questioning regarding the sale of a firearm which had been used in a murder of an alleged hitman from Umlazi, Xolani Zungu.
Zungu was shot dead in Chatsworth on August 23, 2018.
The morning after his arrest, police told Naidoo’s father that he had choked on a pie and had died in the holding cells. However, Naidoo had sustained multiple injuries, including bruising, multiple fractured ribs, lung bruising and hemorrhaging.
A post-mortem conducted by private pathologist Reggie Perumal, revealed that Naidoo had died from multiple fractures and blunt force injury to the head, and not due to choking from his food.
Initially, 22 police officers were charged for murder, attempted murder, kidnapping, torture and defeating the course of justice.
One of the accused, Sergeant Riyadh Adams, was killed in a shootout while responding to a robbery at the Pavilion Mall in 2023.
The State withdrew charges against seven other accused: Christopher Kisten, Irindran Maistry, Ralph Ogle, Mlamhli Nthuthuka, Eric Morajane, Sihle Ngidi, and Brigadier (now Major General) Kevin Christopher James, who was the station commander of the Chatsworth police station at the time of Naidoo’s death.
On Monday, defence attorneys for the 14 accused officers jointly requested a postponement at the Durban Magistrate’s Court after the audio recording of a consultation between the State and witnesses surfaced.
The postponement was granted by the court after defense lawyers Christo Swart, Shane Matthews, Avir Maharaj and Carl van der Merwe jointly requested time for the audio recording to be transcribed and investigated.
Swart said the recording indicated “serious irregularities” while Matthews described the recording as “unethical”.
He said the defence team had reported the recording to the National Prosecuting Authority’s (NPA) national director Shamila Batohi.
Maharaj said an investigation into the recording could render the trial unfair.
It is unclear when the 14 police officers – Pushpanthan Pillay (48), Malcolm Naicker (39), Brian Naidoo (63), Trevor Chetty (44), Andries Botes (46), Erik Karsen (39), Muhammed Raoof (52), Preshan Lutchman (30), Cedric Pillay (36), Xolani Sosibo (34), Kubendran Kristen (39), Rajan Sanders (47), Devendra Chetty (49) and Ugeshan Govender (39) – are expected to stand trial.
Family hopeful for a fair trial
Naidoo’s mother, Cookie Naidoo, 59, said their family had attended every court appearance over the past seven years, and were disappointed with the postponement of the trial.
But she said they were still hopeful that a fair trial would bring justice for her son.
She said she wanted justice and for those responsible for her son’s death to face the full might of the law.
“It was heartbreaking to come this far in our quest for justice for my son, and to be told that there is another postponement. Our wait for justice is being prolonged. There had been too many postponements, and we thought this would finally come to an end, but we have another long wait.
“We want to put this whole ordeal behind us. We are still hoping for the best, we have come too far for those responsible for my son’s death to walk free. We are confident that we will get justice,” added Cookie.
She said the last seven years without her son had not been easy.
“I do not wish the pain I feel on any parent. My daughter-in-law is also struggling to be strong for her children. It is tough being a single mother. Regan never got to see his baby, who is now seven years old.
“This is not something we can forget. Even though those police officers took something very big from me…they took a part of my heart…I have no grudges against them.
“They are also someone’s son and father. I hope they think before they assault a person again. This must be a lesson to all other police officers. If an example is set, maybe police brutality will stop,” she said.
Naidoo’s father Timothy, 63, said he was happy with the way the State was handling the case.
“I commend the prosecution and the investigating officer in this matter. They worked very hard to get us to this point. Whatever happens, those responsible for my son’s death must be punished for what they did.
“My son was a lamb that was slaughtered. I will be glad to see whoever is guilty goes to prison. I’m not strong anymore, but after the case is over, I will be strong enough to continue with life. The heaviness in my chest will be gone. I might not see tomorrow…but I hope I live to see the day that my son’s killers are sentenced,” he added.
THE POST
