Durban - The gloves came off at the Pietermaritzburg High Court on Wednesday when the defence team for murder accused businessman Rajiv Soni, launched an attack on the State, accusing it of a “prosecution by ambush”, and of infringing Soni’s right to a fair trial.
Defence advocate Naren Sangham accused the State of “acting in a manner that borders on unethical” and withholding documents related to Soni’s prosecution. He claimed that these documents were only handed to the defence at the last minute.
Prosecutor Johan du Toit denied Sangham’s allegations that the state had not been providing the defence with documents related to the prosecution.
“I have played fair game with the defence, and have handed over all documents in my possession. I am not playing behind the scenes, however, the state is entitled to investigate certain elements brought to light, and if this catches the defence on the wrong foot… tough!” Du Toit said.
Sangham went on the attack after Du Toit informed the court that the state wished to lead the evidence of a cyber crime expert related to an alleged video recorded on a Blackberry cellphone by the state’s previous witness, Professor Mlungisi Sithebe.
Du Toit indicated that he wished to play the video in court, but the defence is challenging the authenticity of the video, and so a trial-within-a-trial will have to commence to ascertain the admissibility of the video.
Sithebe previously testified that Soni had offered him R100 000 to kill local doctor Bhavish Sewram.
Soni is on trial for Sewram’s murder. Sewram, 33, was gunned down outside his Chota Motala Road surgery on May 13, 2013.
Sithebe testified that Soni had informed him of an affair between Sewram and his wife, and offered him R100 000 to kill the doctor.
It is this conversation that Sithebe is alleged to have recorded on his cellphone.
The case was adjourned to Thursday.
Daily News
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