Durban: Soon after two brothers were sentenced for killing a man who allegedly stole a grass-cutting machine, they were granted leave to appeal their conviction and sentence.
Anben Chinsamy, 44, of Ravenstone Place, and brother, Sugendran, 33, of Treehaven Place, both in Phoenix, were sentenced to 20 and 15 years, respectively, in the Durban High Court on Friday.
Their victim, Seelan Pillay, was allegedly kidnapped, doused with petrol and set alight on May 10, 2019. He sustained second and third-degree burns and died two days later.
The brothers were arrested and charged with murder. Anben was also charged with kidnapping and defeating the administration of justice, but he was found not guilty of these charges last September.
Warrant Officer Theagasen Naidoo and Constable Tristan Pillay, both of Phoenix SAPS, were also charged with kidnapping, murder, and defeating the administration of justice. They were found not guilty last September.
According to evidence led by Cheryl Naidu, a senior State advocate, during the trial, Anben took Pillay to a house in Phoenix. Pillay was assaulted while being questioned about the whereabouts of the grass-cutting machine.
Later Sugendran arrived and assaulted Pillay. Anben poured petrol over Pillay, and using a lit piece of toilet paper, set him alight. The brothers subsequently took Pillay to the Mahatma Gandhi Memorial Hospital.
They elected to remain silent during the trial. However, during mitigation of sentence last week, Anben said he poured petrol mixed with two-stroke oil onto Pillay, lit tissue paper, and waved it at Pillay to scare him.
Sugendran said he hit the deceased three or four times. He said he was angry as he and his brother generated an income from the grass-cutting machine.
Naidu questioned them as to why the court was only hearing this version now and that this was an attempt to gain sympathy.
After the sentencing, Pregasen Marimuthu, their Legal Aid attorney, made an application for leave to appeal the conviction and sentence.
Marimuthu said, based on Anben's version, it was possible another court may find his client guilty of culpable homicide, which warranted a lower sentence. He said Sugendran could be found guilty of assault GBH instead of murder, as he played a minimal role.
Marimuthu also applied for bail for his clients. Anben was denied bail, while Sugendran was granted R3 000 bail.
Pillay's brother, Rodgers Pillay, said he was disappointed with the outcome, while Anben's daughter, Caitlin Chinsamy, sympathised with the victim's family.
The Post