Suspect in doctor’s murder denied bail

Bhavish Sewram

Bhavish Sewram

Published May 29, 2015

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Durban - One of the men charged with the murder of a prominent Pietermaritzburg doctor has again been denied his freedom after making a second bail application last week in the Pietermaritzburg High Court.

Mfanizeni Nxumalo was denied bail in 2013, but made a fresh application based on “new” facts.

But Judge Yvonne Mbatha refused Nxumalo’s application in a reserved judgment handed down on Tuesday, saying he had attempted to mislead the court.

Nxumalo is charged, alongside former policeman Brian Treasurer, with the murder of Dr Bhavish Sewram, 33, who was shot outside his Chota Motala Road surgery in May 2013.

Treasurer is on bail of R50 000. Their trial is scheduled to start in August.

The intriguing trial of a third accused, local businessman Rajiv Soni, began in March this year after being separated from that of Treasurer and Nxumalo. The trial was adjourned to September.

Soni is on R100 000 bail.

A fourth accused, Sabelo Dlamini, pleaded guilty to Sewram’s murder last year, and confessed to being the trigger man. He was sentenced to 25 years in jail.

The State alleges Soni hired Treasurer, who hired Nxumalo and Dlamini, to kill Sewram.

The motive, the State alleges, was Soni’s discovery that Sewram had been having an affair with his wife.

In his bail application on new facts, Nxumalo claimed he was being treated unfairly because he was poor.

He said that the State had not objected to Soni and Treasurer being granted bail, because they were “Indian and rich”.

“We are all facing the same charge and I should be treated in the same manner. The fact that I am poor should not stand in the way of me getting bail,” Nxumalo said.

He claims that his wife has HIV/Aids and there is no one to care for her or support her and their children. Nxumalo said he was a mechanic and had at his home a workshop - full of customers’ cars that he had been unable to work on because he was in custody.

Mbatha said the fact that Nxumalo was poor had nothing to do with whether he was granted bail or not.

She said that Nxumalo had misled the court with information that he had a workshop full of customers’ cars and that his wife had no means of support.

The investigating officer visited Nxumalo’s home and found no sign of a workshop or any vehicles on the premises.

Nxumalo’s wife also confirmed that she was employed and supported herself and the couple’s children.

“The only new fact that appears in this application is that Nxumalo’s wife is sick. However, if this is the case, she is in a position to seek medical assistance,” Mbatha said.

Daily News

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