Durban - A man charged with the murder of a tow truck boss said he shot in self defence after the deceased pulled out his firearm in a heated argument at a crash site.
Nadieme “Boebies” Piyarilall, 30, began his application for bail at the Durban Regional Court on Thursday.
He is charged with the murder of Althaf Dawood, 46, the owner of Jumbo’s Towing and Breakdown.
It is alleged Piyarilall shot Dawood twice in the early hours of March 1, on the N3 near the Felix Dlamini (Brickfield) Road off-ramp.
This was in an altercation that allegedly broke out between Dawood and another tow truck operator over the towing of a vehicle involved in a crash on the freeway.
The court heard how the shooting unfolded when the investigating officer, Warrant Officer Rajen Nagesar, argued against Piyarilall being granted bail.
Nagesar told the court he had witness statements from both tow truck company employees as well as one from someone not affiliated to either. He testified that the independent witness said Dawood had arrived at the scene to check on his driver.
Upon arrival, he and another tow operator became involved in a heated exchange over the towing.
According to Nagesar, this turned into a fist fight: “The accused (Piyarilall) started the fight when he threw the first punch at Dawood. Prior to the altercation, he threatened the Jumbo driver by telling him ‘I will kill you’.”
He said Dawood attempted to back-pedal and he ran around a car as he was chased by the accused and the other tow operator.
“Piyarilall drew his firearm, cocked it and shot Dawood. He ran around and fired a second shot to make sure he was dead,” Nagesar said.
Nagesar said Piyarilall fired under the noses of policemen who were attending to a nearby crash scene.
After the shooting, the police retrieved Piyarilall’s licensed firearm and he admitted to the shooting, he said.
In cross-examination, defence attorney Ridewaan Sayed questioned Nagesar on the drawing of firearms.
The policeman admitted that the witness statement revealed that Dawood produced his firearm first and cocked it.
He argued that Dawood was scared and he was not pointing it at anyone.
Sayed told the court Dawood arrived at the scene in an aggressive manner as he parked his vehicle to prevent the towing of the vehicle.
He also argued that before the fist fight, Dawood was seen by witnesses in a boxing stance.
He claimed it was unlikely that all the witnesses would give the same account on the exchange of blows, because some could not see what was happening.
Sayed asked why, if Dawood was so scared of the situation, he did not run to the police nearby for help.
Nagesar responded that Dawood could have taken any course of action, and could not explain why he did not go to the police.
Nagesar said Piyarilall would be safer in prison as he heard “the word on the street is that he (Piyarilall) will be taken care of”, in reference to revenge attacks.
Piyarilall submitted an affidavit in support of bail, claiming he acted in self defence.
His affidavit read that people at the scene were screaming at Dawood not to pull out his firearm.
He also alleged he was beaten in custody at Mayville Police Station, and intended to lay criminal charges against them.
The application continues.
Daily News