Attorney Koobashan Naicker, who is alleged to have been responsible for a fatal accident on Durban’s Athlone Bridge, was given his freedom yesterday – but not before being given a stern warning that he would be locked up again should he drive a car.
And his attorney and advocate, Kirshen Naidoo and Jay Naidoo, were also warned by Durban Regional Court magistrate Anita Govender that they had a “moral and social responsibility to guide him in the right way in his personal life”.
Naidoo, who has been charged with murder relating to the deaths of Gillian Bell, her eight-year-old son, Connor, and young dance teacher Carmen Hunter in the accident on March 26, has been in custody for two weeks, some of which he has spent at Addington Hospital undergoing treatment for his own injuries from the accident. It emerged during his bail application that he had many other charges against him – 21 in total – including several for drunken driving, resisting arrest, failing to appear in court, reckless and negligent driving and one of assault relating to his ex-wife.
He is also under investigation by the KwaZulu-Natal Law Society on allegations that he has misappropriated about R20 million from his trust fund, money which was intended for Road Accident Fund victims.
The magistrate noted that many of the offences were alcohol-related and said it appeared that Naicker had an alcohol problem.
She said he could be considered a threat to society, but this would be resolved through ensuring that he did not drive while out on bail.
She had considered that, while he was facing many charges, these were still only allegations and he had no previous convictions and no pending cases. Other factors were that he had a fixed abode, he had a law practice to run and two small children to maintain. “Doesn’t he have a lot to lose if he runs away?” she asked.
The magistrate also said she doubted that, with so many charges, including some involving blood samples, the investigation would be finalised within a month, as promised by the State.
He was granted bail of R10 000 and was expected to return to Addington Hospital yesterday for an operation on a broken arm and foot.
He will appear in court again on June 8.
Jason Bell, husband of Gillian, and father of Connor, said: “We are just letting the law run its course. There is not much to say. We will just have to see what happens on June 8.”
Trevor Martin, father of Jenna, 6, and Kayla Martin, 4, who were seriously injured in the Athlone Bridge accident, declined to comment. - The Mercury