Court order could not stop murder

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INDEPENDENT NEWSPAPERS

Mogamberry Rajen Kandasamy, 44, was granted bail in the Chatsworth Magistrate's Court on Wednesday.

Durban - A Chatsworth woman beaten to death along with her two children, allegedly by her husband, had a protection order taken against him because of his violent past, a local court heard on Tuesday.

Varsha “Mala” Kandasamy, 41, had feared for her safety, the investigating officer, Sergeant Rama Moodley, said in an affidavit submitted to the Chatsworth Magistrate’s Court.

Her husband, Megamberry Armugam Rajen Kandasamy, 44, who is applying for bail, has claimed he could not have murdered his family, because he loved them.

Kandasamy is charged with the murder of his wife, son Megandran, 17, and daughter, Melarisa, 18, in December. All three were bludgeoned to death with a gada - a traditional Indian mace - at their Chatsworth home.

Three mental assessment reports have been submitted to the court, concluding that Kandasamy was mentally fit to stand trial.

In an affidavit in support of bail, Kandasamy claimed he suffered from amnesia and had no recollection of the murders.

He said he had been at his mother’s house when his brother, Lenny, told him his wife and children had been murdered.

This had made him feel extremely traumatised.

Kandasamy said when his brother informed him the police were looking for him, he had immediately contacted them and was then arrested.

He said he required bail because he believed he had been falsely accused and wanted to engage the services of a private detective to investigate the murders.

Kandasamy said he also needed to finalise his wife’s estate and see a psychologist about the amnesia.

The court heard that Kandasamy intended to plead not guilty and that his brother would pay bail of R5 000. He intended to surrender his passport.

Arguing against bail, prosecutor Lolly Soobramoney provided confirmation from Deputy Director of Public Prosecutions Sheriza Ramouthar that the State was proceeding with a charge for a Schedule 6 offence - which includes premeditated or planned murder.

In the affidavit Soobramoney submitted to the court, Moodley said the deceased had been repeatedly assaulted in the head and face.

Varsha had obtained a protection order against her husband for his violent conduct in the past and she had feared for her safety, he said.

Soobramoney told the court the killings had sent shockwaves through the community and Kandasamy’s safety would be a cause for concern, because the public wanted to get at him.

Kandasamy’s attorney, Siven Samuel, requested that the matter be adjourned, saying he had not been given sufficient time to review the State’s affidavit. He said he expected Moodley to take the stand, not testify by affidavit.

Samuel also said there were several things he needed to address in the State’s affidavit.

Magistrate Leon Ferreira granted the request and the matter was adjourned to Wednesday.

Relatives of the deceased who attended court on Tuesday told the Daily News they were still traumatised by the murders.

ismail.adam@inl.co.za

Daily News


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