Durban - Merebank murder accused, Inderesan “Alvin” Maistry, 44, has failed to substantiate his claims on new facts for bail, with the magistrate saying the interest of his children could not override the interest of society.
Maistry appeared at the Durban Magistrate’s Court on Tuesday in his second bid for bail and his third attempt overall following a failed High Court appeal.
During argument, his defence attorney, Vijay Sivakumoor, told Magistrate Vanitha Armu that the main grounds for Maistry’s new bail attempt were that his children were psychologically affected, and Maistry’s employment as a manager in the Department of Labour was in jeopardy.
Sivakumoor said Maistry was still capable of being a responsible citizen if he kept his job, and this would also allow him to finance his own defence when the trial got under way. He also pointed out that by the time the trial was expected to get under way some time next year, Maistry would have been held in custody for almost a year.
Maistry is alleged to have hired his co-accused, Mandlenkosi Jobe, to kill his wife, Charmaine Naidoo, earlier this year. Jobe is alleged to have, in turn, hired two other men, Bongani Manyathi and Sifiso Joyisa, to carry out the killing.
Joyisa earlier this year pleaded guilty to involvement in the murder and implicated Maistry, Jobe and Manyathi in his plea. Joyisa was sentenced to 40 years’ imprisonment.
Manyathi abandoned his bail application, while Maistry and Jobe were denied bail.
However, prosecutor Yuben Archary told the court on Tuesday that he failed to see what new facts Maistry had presented, as all the factors brought by him had previously been taken into account when he was denied bail. He said the indictments were ready to be served on all accused next week.
Magistrate Armu said there would have been a natural consequence on the effect on the children and Maistry’s finances when he was charged with the murder, therefore these were not sufficient grounds for bail on new facts.
“The new facts on his bail application are based on his children being affected and the financial impact he experienced. While the best interest of the children is taken into account, this cannot override the interest of society, therefore it would not be in the interest of justice for the applicant to be released,” the magistrate said.
Maistry is facing charges of premeditated murder, kidnapping and robbery with aggravating circumstances. He was remanded in custody.
Naidoo was slain in February after robbers stormed her Merebank home when she returned from her shop with her husband. She was abducted, shot, strangled and stabbed.
Meanwhile Maistry’s co-accused, Mandlenkosi Jobe, has also experienced delays in his second application for bail based on new facts. He told Magistrate Logan Perumal that he felt his treatment had been unfair in that whenever he appeared at court, there were some sort of delays.
The magistrate reminded Jobe that he had been the cause of some of the delays by hiring different attorneys.
The matter was adjourned to November 27 and Jobe was remanded in custody.
Daily News