Durban – A Kwadukuza man, who stabbed his wife to death in a taxi on their wedding anniversary, broke down in tears day as Durban High Court Judge Gregory Kruger sentenced him to life.
Sivakumar Sugen Naicker was convicted of assaulting and killing his wife, Lorraine Munsamy.
Kruger found State advocate Krishan Shah had proved beyond a reasonable doubt that Naicker was an abusive husband and the murder was premeditated.
Although Naicker had pleaded guilty to murder and assault, the State did not accept his plea as it believed the murder was premeditated. The matter then went to trial.
In handing down the sentence, Kruger said Naicker had only pleaded guilty with the hope of persuading the court to impose a lesser sentence.
“You had the opportunity to tell this court then the whole truth and to apologise for what you did, but you chose to keep silent by not testifying about what truly happened on that day,” said Kruger.
He said people like Naicker deserved to go to jail for a long, long time.
This week, a KwaDukuza taxi driver, Rakesh Nooikhai, who witnessed the assault and the murder, told the court how Naicker stabbed Munsamy to death in his taxi, before trying to take his own life.
Nooikhai, who said he regularly transported Munsamy to work, said Naicker repeatedly stabbed his wife with an Okapi knife, while professing his love for her on January 14 last year.
Munsamy boarded Nooikhai’s taxi that morning on her way to work as usual, and Naicker later boarded the taxi. After all the passengers disembarked, Naicker asked Munsamy if he could sit next to her, but she refused.
Nooikai said Naicker sat in the seat behind his wife and as he continued driving he heard Naicker professing his love for her, saying: “You know I love you, you know I love you.”
When he looked at the rearview mirror, he saw Naicker had her by the neck and was using his right hand to stab her.
Because of the abusive relationship, the court also heard that Munsamy had moved out of their home with their three children and was staying with her parents.
Nooikhai’s taxi conductor, Shalendren Naidoo, had testified to hearing Naicker wishing his wife a happy anniversary and also witnessed Naicker stabbing Munsamy while telling her he loved her.
Testifying in aggravation of sentence, Munsamy’s father, Munsamy Majid, told the court about the couple’s abusive relationship.
He told the court about a letter he had found in Munsamy’s handbag after she was killed.
The letter, submitted as evidence, read: “If anything has to happen to me, the person responsible for it is my husband Sugen.”
Majid said his daughter probably wrote and kept it in case something did happen to her.
He was now taking care of his grandchildren.
Naicker’s Legal Aid attorney, Thiagaraj Pillay, had disagreed with the State’s version that the murder was premeditated.
He said Naicker had acted in a moment of anger.
Soon after sentencing, Pillay made an application for leave to appeal the sentence, saying Naicker was a first offender and he had pleaded guilty.
Kruger refused the application on the basis that no other court would arrive at a different conclusion.
Naicker placed his hands on his face and sobbed.
When he turned to look at his brother, who was sitting behind him, he cried even more.
He waved to him as he slowly walked down to the holding cells.