Durban - A Durban businessman sentenced to life imprisonment for plotting a hand grenade attack in Mpumalanga has been released on bail to apply for leave to appeal against his conviction and sentence.
Logandheran “Yegan” Naidoo, an alleged gang leader, claimed in his bail application papers that he had vital evidence that would discredit the State’s main witness, Mohammed Ismael Khan, on whose evidence he was convicted.
He also said he might become a state witness against the “Cato Manor 28” - members of the now disbanded SAPS organised crime unit in Cato Manor - some of whom had investigated and arrested him.
The policemen are facing charges of racketeering and murder relating to alleged “death squad” activities.
Naidoo, 44, described himself as a victim of the unit and believed that Khan was convinced by the policemen to falsely implicate him.
The Malvern businessman was found guilty in May in the Nelspruit Circuit of the Pretoria High Court, for the murder of Patricia Pillay, 53, of Mpumalanga and her 9-year-old granddaughter, Yetska Pillay, of Reservoir Hills.
He was also found guilty of the attempted murder of Yetska’s father, Kevin Pillay, and his sister, Daphne.
Naidoo was given two life sentences for the murders by Judge Ronel Tolmay, who also sentenced him to eight years each for the two attempted murder counts. Naidoo also got seven years each for possession of illegal explosives and for conspiring to commit murder.
All the sentences are running concurrently.
Khan, 43, and Zamud Amid Khan, 54, were sentenced in 2010 to life imprisonment for the double murders. Both hit men implicated Naidoo and after a two-year manhunt, he was tracked down and arrested in 2011 by the Cato Manor organised crime unit.
In court papers, Naidoo said he was the sole breadwinner – he has a wife and five children – and would not endanger anyone if he was released on bail.
“I have spent a lot of money, which had been borrowed and which I must repay, to actually prove my innocence, and believe that the proof has been found to enable the Honourable court to realise that,” he said in his affidavit.
He said the evidence obtained was sufficient to justify a finding that his version of events was “reasonably possibly true”. Naidoo felt that even without his new evidence, there was a reasonable possibility his conviction would be overturned on appeal and he would be acquitted.
He called Mohamed Khan’s evidence implicating him a fabrication. He argued that pending the outcome of the trial he was released on R100 000 bail and had kept to all the bail conditions, and that with the new evidence he had no incentive to abscond as the success of his appeal was a certainty.
Naidoo has arranged a residence in Gauteng, which he did not want to make known because of the ongoing investigation against the Cato Manor policemen, who are on bail.
“I may well become a state witness, having been the victim of this unit, (and) Khan having been convinced by them to implicate me falsely,” he said.
“If my residential address is disclosed, it may lead to attempts on my life. I understand that my own safety may be a concern when having regard to the granting of bail, but I am indeed innocent and will rather take my chances outside prison than being incarcerated unjustly.”
His attorney, Johan Schaefer, confirmed Naidoo had been granted bail and would be making an application for leave to appeal against his conviction and sentence in January.
Daily News