Durban - The State had failed to lead credible and reliable evidence and was “grasping at straws”, the lawyer for a man accused of murdering Overport student Kurtlee Pillay told a court on Monday.
Anand Nepaul, acting for accused Blaine Raman, was addressing the Durban High Court during closing arguments.
Raman, 30, is accused of kidnapping, robbing and killing 20-year-old art student Kurtlee Pillay after he suspected that Pillay had flirted with his ex-girlfriend.
His co-accused, Bilal Tayob, 33 and Dinesh Nana, 32, both turned State witnesses following their conviction and sentencing.
Nana is currently serving an eight-year sentence, while Tayob is serving three years under house arrest after confessing to their involvement in Pillay’s death on the night of November 4, 2014.
Pillay was stabbed more than 40 times, assaulted, run over and dragged by his own vehicle in the Sherwood area.
The State, represented by Denardo MacDonald, argued that Raman, Nana, and Tyob had all acted in common purpose.
However, Nepaul disputed this, claiming the State had failed to lead evidence to prove the robbery and murder allegations.
“Failure to lead evidence and prove common purpose in this matter is tantamount to a failure to prove an essential element of each of the charges.” He said Nana and Tyob’s affidavit and plea bargain proved this.
“Nana excludes any participation and therefore common purpose in regard to the murder. He can only assist the State in trying to prove common purpose in respect of the kidnapping. Tayob excludes himself from any participation and therefore common purpose in the murder and robbery.”
Nepaul argued Nana’s and Tyob’s testimony in court must also be treated with caution. “Tayob and Nana, being accomplices, contradict and do not corroborate each other on numerous material points. Their evidence is not only destructive but self-destructive by on their own. Such evidence should be rejected.”
Turning to the issue of the murder weapon, Nepaul added that it was “shrouded in mystery”.
He said despite the knife being covered in blood, no DNA of the deceased was found on it. The murder weapon was also not produced in court and there was no photographic evidence. It was also not sent in for fingerprint testing.
He added that no blood or DNA was found on Raman despite Nana’s clothes being “soaked in blood”. He added that no fingerprints of the accused was found on the vehicle and there was no video footage linking him to the incident.
“It is therefore submitted that the State failed to discharge the onus placed on it in law and that the accused is entitled to his acquittal on all charges.”
MacDonald, who submitted his arguments before acting Durban High Court judge Liz Law, said it was either common cause or not disputed that Tayob, Nana, and Raman had consumed drugs, and that on the night of the murder, Raman’s vehicle was stationary on Chapel Street with the accused in the company of the deceased.
MacDonald said Tayob, who had distanced himself from the actual stabbing of Pillay, was found to corroborate Nana’s evidence by confirming that he assisted in forcefully placing Pillay in his vehicle and that he witnessed the stabbing by Raman.
He also corroborated that Pillay’s vehicle was first parked at uShaka Marine World, and that Nana had discarded his clothing in a bin. He said Tayob had conceded to selling Pillay’s phone at a bar and sharing the proceeds with Nana.
“When analysing the evidence holistically, the court can conclude that the State has proven its case beyond a reasonable doubt and a conviction of each of the counts must follow.”
Raman, who is currently out on bail, will hear his fate later this month. He has pleaded not guilty to all three charges against him.
Pillay’s mother Tracy, who sat in court throughout the proceedings, told POST that she was waiting for the case to be over and had put everything in God’s hands.
POST