Durban - A convicted murderer who is appealing his case secured bail on Wednesday after winning a petition to the Supreme Court of Appeal and citing his snoring problem, which he said placed him in “an ever-present danger” of being attacked by his cellmates.
Priyen Naidu was granted R75 000 bail, pending his appeal against his conviction and sentence, after the Durban High Court accepted that another court had found he had reasonable prospects of success on appeal.
Naidu suffers from haemangioma - a large tissue malformation, which includes large veins and arteries, on one side of his face.
Any significant trauma to this side of his face could have dire consequences, his affidavit read.
He said he snored and “impatient and violent” inmates would hit him on his face to wake him. “Incidents such as this are an ever-present danger.”
Naidu’s co-accused, Ruwain Meer, is also serving a life sentence for the murder of Chatsworth businessman, Zainool Fakir, 32.
Both are serving a concurrent 20-year sentence for the murder of Fakir’s 27-year-old nephew, Akbar Sudhoona.
Their bodies were found in the boot of Fakir’s car in West Riding, Sherwood, on May 14, 2009.
Naidu and Meer pleaded not guilty in 2011 to murder.
In July, Judge Mohini Moodley convicted them.
The court sentenced Naidu and Meer in August and at that stage had granted Naidu leave to take only his sentence on appeal. Moodley had also denied his application for bail pending the appeal.
Naidu successfully petitioned the Supreme Court of Appeal for leave to appeal against his conviction, leading to his bail application on Wednesday.
The factors that influenced a court to release him at that time were: favourable personal circumstances, stable family environment and his medical condition.
Naidu relied on the same factors in the latest bail application.
In her ruling on Wednesday, Moodley said the main new fact was that another court had found Naidu had reasonable prospects of success on appeal, which she was unable to find.
Naidu cannot visit any international point of departure, or leave the province without consent and must report to the Durban North SAPS three times a week.