DURBAN - A “MAN-to-man” talk ended tragically for Chatsworth father Jonathan Pather, who was shot and killed after his conversation with a man suspected of having an affair with his wife.
Brian Pillay, 47, was convicted of murder by Magistrate Anand Maharaj in the Durban Regional Court this week.
Medical evidence presented in court confirmed that during the altercation outside Pather’s home in Westcliff, the 39-year-old father of two sons, 7 and 17, was shot.
Pillay’s 44-year-old brother Nelson, who was also involved in the June 25, 2017 bust-up, was convicted of assault.
The matter was adjourned to Tuesday after the brothers’ lawyer, advocate Jay Naidoo, asked for a postponement to prepare for sentencing and make an application for leave to appeal against Maharaj’s decision. Naidoo also asked for an extension of bail previously granted to his clients.
Naidoo said (Brian) Pillay was a “pressure patient” and the court would not be prejudiced if he was granted bail.
Maharaj extended Nelson’s bail but not Brian’s.
It had previously emerged in court that Pather heard rumours about his wife, 38, having an affair with Brian.
His wife denied the allegations and he got her to call Brian.
Brian is known to be a community worker and a member of the local community policing forum. In this capacity he had previously helped Pather’s wife obtain a court interdict against her husband because of his allegedly drunk and violent conduct.
Brian denied the affair in a phone conversation with Pather.
On the day of his murder, Pather had met Nelson and spoken to him about the rumours.
Pather then suggested Nelson bring Brian to his house for a “man-to-man discussion about it”. The discussion became heated, resulting in a scuffle.
Brian then phoned his brothers (Nathaniel and Edwin), who arrived at the scene.
In court, Nathaniel, Edwin and Pather’s wife all testified that Brian shot Pather in the chest without provocation.
In his judgment, Maharaj was at odds with Brian’s version of how Pather was shot.
“When Mr (Ramesh) Luckychund was on record (Brian’s previous lawyer), I got the version that the accused (Brian) drew his firearm only as a deterrent and had no intention of using it.
“Then the accused said he tried to fire a warning shot and cocked the gun, but got hit on the hand, his hand dropped and that’s how the deceased got shot,” said the magistrate.
He found that given that Brian couldn’t explain how Pather was shot and gave so many versions, his submissions had to be rejected.
He also dismissed Brian’s previous claim that he was held around the neck from behind during the incident.
“If someone was assaulting you, why didn’t you shoot that person instead of the one in front you?” asked the magistrate.
He said he viewed the State’s version of events as more reliable.
Maharaj said the witnesses were credible and they corroborated each other’s evidence, and ruled that Brian had fired directly at Pather.
Of great significance was that “medical evidence corroborated” the State’s version.
The post-mortem report revealed a trajectory directly into the chest.
Pather’s brother Ashlin said his family was satisfied with Maharaj’s ruling.
“We are glad it has been completed in a year. We are also satisfied with the work done by investigating officer Andrew Soobramoney.”