Durban - A man accused of murdering a Pietermaritzburg doctor has not persuaded a court to amend his bail conditions so that he can travel to India.
Businessman Rajiv Soni, charged with the murder of Dr Bhavish Sewram, claimed he had taken a vow to go to India to perform a previously planned ritual prayer
on the Ganges River. He asked to have his passport, which he surrendered to the State after being granted bail of R100 000, returned for the period November 1 to January 6.
But Judge Mohini Moodley agreed with the police investigating officer, Yoga Naidoo, on Thursday that Soni had not brought this up at his original bail application, when he had indicated he would not travel.
“This late disclosure leads me to believe that Soni may not be entirely truthful about his reasons for travelling abroad,” Naidoo told the Pietermaritzburg High Court.
He said the timing of Soni’s application was also worrying, coming about six months before he was due to stand trial in March.
Naidoo added that Sewram’s family were against Soni’s being granted permission to travel and being allowed to “lead a normal life” while they still had not received closure.
Judge Moodley said the “suddenness” of the need for the passport was inconsistent with Soni’s explanations and the late disclosure of the alleged vow undermined his credibility. “It is therefore my belief that it is not in the interests of justice to grant this application.”
In an affidavit in support of his application, Soni said his family had taken a vow eight years ago, after his father’s death, to perform the religious ceremony before the end of this year.
His counsel, advocate Naren Sangham, said Soni had complied with all his bail conditions so far and he would not evade his trial.
“Soni has strong emotional, family and business ties in South Africa. He is a man of substantial means and has a vast asset base in the country,” Sangham said. “There is no reasonable prospect of his absconding.”
The State submitted that while Soni might have substantial assets, he had no liquid funds, and therefore had a reason to evade justice.
Following the ruling, Soni was heard talking to his mother on his cellphone, visibly upset that he had not been granted the application to have his passport returned.
“I didn’t get it, Mom; we can’t go,” he was heard saying.
Soni and his co-accused, former policeman Brian Treasurer and Mfaniseni Khumalo, are charged with the murder of Sewram, 33, who was shot outside his Chota Motala Road surgery in May last year.
Treasurer and Khumalo, whose trial has been separated from of Soni’s, will stand trial in February.
A fourth accused, Sabelo Dlamini, pleaded guilty to Sewram’s murder earlier this year, and confessed to being the trigger man. He was sentenced to 25 years in jail.
The State alleges that Soni hired Treasurer, who hired Nxumalo and Dlamini, to kill Sewram. The motive, the State alleges, was Soni’s discovery that Sewram had an affair with his wife.
Daily News