Durban - The State is investigating the possibility of witnesses being interfered with in the trial of a Pietermaritzburg businessman charged with the murder of his wife’s alleged lover.
There was a long list of witnesses who would be testifying in Rajivee Soni’s trial. He faces charges of defeating or obstructing the course of justice, assault with intent to do grievous bodily harm and the killing of Dr Bhavish Sewram in May 2013.
Prosecutor Johan du Toit told Judge Jacqueline Henriques on Monday that he and the investigating officer in the case had discussed the safety of witnesses.
He had overheard a witness saying that he was being influenced.
“These things are real. It is not a figment of my imagination,” said Du Toit.
Earlier in the day, State witness Sugen Naidoo, a former policeman, told the court that he feared for his and his family’s safety, following his disclosure of the relationships between Soni and senior police officers.
Naidoo had testified for four days and is now under cross-examination.
He gave explosive evidence linking high-ranking Mountain Rise and Town Hill policemen to a litany of alleged corrupt activities with Soni.
These included plans to plant drugs at Sewram’s surgery, attacking the doctor with a high-powered paintball gun, framing him for the sexual assault of two patients and offering former policeman Brian Treasurer R150 000 to shoot Sewram.
Naidoo told the judge he was worried about the implications of answering questions on other matters, not directly related to this trial, for which he could be charged if he implicated himself.
Naidoo is a criminal accomplice who turned State witness in return for possible indemnity from prosecution, in relation to alleged crimes he committed involving the Soni trial.
After listening to Du Toit and Soni’s attorney, Naren Sangham, the judge allowed Naidoo time to speak to a legal representative to get advice. She said he had the right not to give self-incriminating evidence.
Also, she said that given the nature of this matter, Du Toit must liaise with the relevant police officers to ensure that Naidoo’s safety fears were adequately addressed during the trial.
She also told Sangham that she trusted he would bring to the court’s attention fears that he or his client might have.
This was after Sangham said they had “received calls” and should be the ones in fear and not Naidoo. He said Naidoo had lied when he had said that at the weekend he had been “restrained” to his house.
He said Naidoo had been seen at the Liberty Midlands Mall on Saturday morning and at a hair salon in Raisethorpe on Sunday afternoon. Sangham also said Naidoo had been seen spending “the whole weekend at Sibaya Casino”.
“I can’t believe a person who moves around so freely would require protection … he is trying to win the sympathy of the court.”
Sangham emphasised that Soni had not directly or indirectly tried to make contact with any of the witnesses to influence them.
The trial continues on Tuesday.
The Mercury