Spraypaint case investigator slammed

Published Jan 23, 2015

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Durban - The investigating officer in the case of two men charged with the attempted murder of a Malawian man who was spray painted after being beaten, faced the wrath of a magistrate on Thursday.

Constable Sikhumbuzo Ngcobo, who was testifying at the bail application of the two accused at the Pietermaritzburg Magistrates Court, was lambasted by magistrate Ashin Singh for not ascertaining whether the victim, Bilaz Asan, was in the country legally.

“This man (Asan) could be in South Africa illegally and he is walking around a free man. By not investigating this issue, you are compounding a crime. We cannot sit back and allow people to get away with crime, regardless of whether they are victims or not,” Singh said.

Following Ngcobo’s testimony, Singh ordered that the case be adjourned to January 29 to allow Ngcobo to ascertain Asan’s status in the country.

“This is important information relevant to the case,” Singh said.

Shadrack Wayne Naidoo, 28, and Avikar Lutchman, 27, stand accused of the attempted murder of Asan on January 7 at his workplace, a mechanic’s workshop in Violet Road, Northdale.

They are also charged with the assaults of Pilendren Chetty, 29, and a 17-year-old girl on the same day at the same premises.

Asan was allegedly beaten with an axe and a lead pipe, and spray painted with white enamel paint using a compressor.

Asan was rushed to Northdale Hospital after the paint hardened on his body and glued his lips together.

He was discharged on January 9 after doctors and nurses managed to remove paint from his nose, around his eyes and other sensitive areas.

Testifying in opposition to bail being granted, Ngcobo said Lutchman and Naidoo went to the Violet Road premises on the morning of January 7, to enquire about Lutchman’s car.

Lutchman had allegedly left his car there to be repaired and was upset that it had not been done.

Ngcobo said they confronted Pilendren Pillay, who was also a mechanic, and an argument arose.

“Lutchman pulled out a water pipe and started assaulting Pillay, hitting him on his body. Pillay eventually escaped and the two accused left,” Ngcobo said.

Ngcobo explained that later that day, the accused both returned to the premises where they confronted Asan about Lutchman’s car.

“Lutchman hurled racial insults at him and then assaulted him. A five-litre can of paint was thrown over Asan’s head and Lutchman then took a spray painting machine and painted his body,” Ngcobo said.

Asan was allegedly also assaulted with an axe on his hands and body.

Ngcobo said Asan managed to escape by climbing a fence on the property and getting onto the roof of the house.

According to the investigating officer, the accused left the premises but returned, and they assaulted the girl.

It is alleged that one of the accused grabbed the teen by her T-shirt, tearing the shirt. They also pulled the girl’s hair and slapped her across the face.

“These are serious offences and many witnesses from the area have come forward to make statements about what happened that day,” Ngcobo said, explaining he was concerned about the safety of witnesses, who may be intimidated by the accused if they were released on bail.

“There is a public outcry with regards to this case. If the accused are released on bail, the community would lose trust in the justice system,” Ngcobo said.

Defence attorneys for both accused, Kameel Jagernath for Lutchman and Nasen Naicker for Naidoo, argued that Ngcobo had no valid reasons for opposing bail, and that the accused had the right to prove their innocence.

Daily News

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