Story change sees man convicted

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Published Sep 17, 2015

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Durban - A Chatsworth man who shot his former policeman friend was found guilty of attempted murder on Wednesday after contradicting evidence he gave in a civil claim where he implicated himself.

Raj Rampersad had testified in the Durban Regional Court that he knew nothing of the shooting.

He claimed his friend, Seelan Thaver – an accused turned State witness in the notorious R31 million SBV heist – may have been shot because of his drug habit.

Earlier, however, in defending the R10m civil claim brought against him by Thaver in the Durban High Court, Rampersad claimed the November 2005 shooting had been in self defence.

Thaver, who was shot in his jaw, neck and shoulder, on Wednesday said he was relieved and the verdict had finally brought him closure.

Magistrate Fariedha Mohamed found the State witness’s evidence was corroborated by ballistics evidence where three spent cartridges matched Rampersad’s firearm.

Rampersad, 57, of Chatsworth, had pleaded not guilty in September 2010.

His defence was that he was falsely implicated, knew nothing about the shooting and suggested it could have been a drive-by shooting.

He said a well-known drug lord in the area was later fatally shot in a drive-by shooting.

But prosecutor Surekha Marimuthu had presented Rampersad’s civil claim defence as evidence to the court.

Defence advocate Rhema Mahabeer, instructed by attorney Nerissa Farrington, had argued that a known drug lord had contacted Thaver whilst en route to the hospital and asked why a drug lord would telephone Thaver after he had been shot.

She also argued that Thaver was in financial difficulty, and “being an astute individual had spontaneously hatched a plan to falsely implicate the accused in the shooting”.

This, she said, was because Thaver was apparently upset that Rampersad had refused to loan him money, as Thaver knew he had just acquired his pension and had money.

She had referred to Thaver’s character and history, which equipped him “to be astute at making up stories quickly”.

Mahabeer said Thaver was a former Chatsworth policeman, au fait with the criminal justice system, “quick thinking and calculating”.

She also told the court that Thaver had changed his name and identity after he was an accomplice and later State witness in the 1996 Pinetown SBV heist, at the time the country’s biggest robbery.

Thaver’s evidence was that he was lured to Rampersad’s house on false pretenses. He had said Rampersad offered him R10 000 towards their jointly established investigations business, and was to meet at Rampersad’s house in Westcliff, Chatsworth. From there they were supposed to go to the bank together.

When he came to suspect Rampersad had changed his mind about the money, Thaver told Rampersad to leave the matter for another day and that he had to return to the office.

As Thaver reached down to his car CD player, he heard a loud bang and felt a pain to his jaw. He looked at Rampersad and saw his friend of over 20 years pointing a gun at him.

He reversed out the driveway and heard another loud bang, and again while he drove off. He then felt a pain in the back of his neck.

He managed to drive to a nearby tuck shop where he knew the owner and he was then driven to RK Khan Hospital, where he spent three weeks, and then a further three days in Inkosi Albert Luthuli Hospital.

Speaking outside court, Thaver said to this day he still did not know why his friend shot him.

He said the matter was first investigated by the Chatsworth police and later withdrawn.

He lodged a complaint with the branch commander, had contacted Major-General Johan Booysen, who headed the Cato Manor Organised Crime Unit at the time, and also Shamila Batohi, who was the director of public prosecutions in the province at the time.

“Thanks to Booysen and Batohi’s intervention, my case was investigated and reached court. The wheels of justice turn slowly, but the outcome today for me was a good one,” he said.

He still suffers from his injuries and has difficulty trusting people. Sentencing is expected in November.

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