DURBAN - Two Phoenix brothers blamed their lawyer as a reason for them misleading the court and lying under oath during the murder trial of Seelan Pillay in the Durban High Court on Thursday.
Anben Chinsamy, 43, and his brother Sugendran, 33, were found guilty of murder in September 2021. They confessed to the court about what they did during mitigation for sentencing, which continues on Friday.
Pillay, 46, was allegedly kidnapped, doused with petrol, and set alight in May 2019. He died of his injuries two days later in hospital. Pillay was accused of stealing a grass-cutting machine from Anben. Despite his death, the machine has never been recovered.
According to the indictment, the state alleged Pillay was forced to sit on the ground outside the house where Anben assaulted him while trying to get information about the machine. A short while later, Sugendran arrived and also hit Pillay.
At some point, Anben left for a short while and returned with a container of petrol, which he poured over Pillay. He then lit a piece of toilet paper and set Pillay alight. Sugendran allegedly continued to assault Pillay.
Thereafter, the brothers took Pillay in a vehicle to the Mahatma Gandhi Memorial Hospital in Phoenix. They pleaded not guilty and did not testify in court.
Previously, Anben told the court: "Pillay began walking towards the bank, and I noticed a lighter in his hand. A few seconds later, I saw him catch alight. I proceeded to run towards him. The rest of the guys ran away,” he said.
Anben said he then rolled the deceased down the bank to put the fire out and grabbed a blanket off a table. In his statement, Anben said the petrol tank had a leak, which could explain how petrol was on Pillay. In his statement, Sugendran denied that he assaulted Pillay or was an accomplice in his death.
In mitigation of sentence on Thursday, the court heard a confession by Anben that he poured about one litre of petrol over Pillay, set a tissue alight, and waved it near Pillay to “scare him”. He said he was not sure how a piece of the tissue fell to the floor and the fire spread to Pillay.
“When I realised he was burning, I grabbed a carpet from the table and covered him. I took him to the hospital. I’m sorry for what happened, and it was not my intention.”
Sugendran admitted to punching and kicking Pillay a few times. He said the machine provided an income for the family and he was angry at the time.
“The lawyer told me to say that I came to the scene after he was burnt. My lawyer said ‘stick with the version and you will walk out free and you have a strong case’.”
The brothers changed legal representatives during the case. Anben said his attorney had told him his statement was complete, and he should remain silent in court.
The State, represented by senior State advocate Cheryl Naidu, lambasted the brothers for revealing the information for the first time after they were found guilty and not at the beginning of the court process, including their bail hearings.
Naidu said they misled the court and were found guilty because of witness testimonies.
“Now you have a change of heart. Your conduct demonstrates that you were issuing instructions to your attorney, and the manner in which the trial went ahead was driven by you. It is a belated attempt to take the court into your confidence. You are looking for sympathy from the court and have shown no remorse.”
Daily News