DURBAN - Has a “monster” been let on the loose? This was the question posed by some #JusticeForSiam supporters this week when Mr P, the man accused of murdering Durban North woman Siam Lee, 20, was released on R40 000 bail.
Lee was abducted from a Durban North brothel on January 4. Her charred body was found on a farm in New Hanover in the KwaZulu-Natal Midlands two days later.
The 30-year-old Assagay businessman was arrested on January 17 and now faces a raft of charges, including the murder and kidnapping of Lee, crimen injuria, fraud, attempted murder and an unrelated rape charge.
He cannot be publicly named due to the rape charges.
Following a five-month bail application, magistrate Mohamed Motala ruled on Wednesday that in addition to weaknesses in the State’s case, there were exceptional circumstances for the accused to be released on bail.
He said Mr P had to look after his mother and minor brother. Seventeen staff members were also dependent on his bio-fuel business.
Strict bail conditions were imposed on Mr P.
He is to live at his family home in Sobantu, Pietermaritzburg, and not at his plush Kloof home. He also has to report to the police station weekly and notify the investigating officer when he plans to leave the province for business.
Motala accepted the defence’s argument that there were deficiencies in the State’s case against Mr P as presented in the bail hearing. This included the fact that the place, time and cause of Lee’s death had not been provided.
The circumstances of Mr P’s arrest, in particular the involvement of private investigators who did not have a warrant to arrest him, was also an issue.
The accused testified that he was beaten up when he was arrested and later tortured by the investigating team.
At court, family members said they were relieved by his release but did not want to comment further.
While #JusticeForSiam supporters were upset by the accused’s release, defence attorney Reial Mahabeer said: “The magistrate made a decision to release my client based on the Constitution and not based on armchair critics.”
Crying outside the court, Lee’s mother, Carmen Nan Lee, said she accepted the court’s decision and respected the justice system. She said she missed her daughter dearly. “I think of her and her beautiful face every day. She was just coming out of her shell.
“I accept the court’s decision. This was just the bail application and not the trial,” said Lee.
In a social media post, private investigator Brad Nathanson, who is at the centre of the defence team’s allegations of unlawful arrest and torture, said: “I’m curious. If it is to be believed that we ‘tortured’ the accused then may I ask, to what end? What did we hope to extract from him? Everybody knows that a confession made under duress may be deemed inadmissible, so why? We had substantial evidence.
“The accused’s infamous black-coloured Mercedes Viano was in SAPS custody and the LCRC (Local Criminal Records Centre) recovered a weapon. It’s not easy to get into the mind of a lunatic but to take this man’s word I might liken to swallowing poison. Be safe. There’s a monster on the loose. RIP Siam Lee. You brought light to the dark,” wrote Nathanson on his Facebook page.
Mr P’s ex-fiancée also took to Twitter to express shock at his release. Mr P is accused of attempting to kill the woman.
“So it has happened. The justice system has once again failed me,” said his ex-fiancée.
“Today, the guy who terrorised my life for three years after we had broken up got out on bail.”
The accused is to appear in court again on August 17, when the matter is expected to be transferred to the Durban High Court for a trial date to be set.