Durban - A MAN accused of stabbing his wife to death told the court during his bail application last Wednesday he could have contracted TB or HIV during his incarceration in Westville Prison.
Denver Maqwayne Marimuthoo, 28, of Tongaat, has been detained for nearly nine months after his wife Roxanne Thanthoni was stabbed to death in their home in Watsonia on March 1.
His bail application, in the Verulam Magistrate's Court, was turned down for a second time.
Marimuthoo, an awaiting trial prisoner, was arrested after 31-year-old Thanthoni's body was found. Shortly after his arrest, he abandoned his bail application. Later, he opted to apply for bail, after switching from Legal Aid to private representation, but his bail application was denied.
Last week, he applied for bail again based on new facts that emerged following his previous application.
His attorney, Ravin Singh, said his client's continued detention had resulted in the progressive degeneration of his physical and mental well-being and he had experienced an outbreak of boils.
“The applicant has found it difficult to secure immediate professional medical care as the relevant medical centre can be accessed on a Tuesday only. A diagnosis thus far has not been provided,” the attorney said.
Singh said overcrowding at the prison had affected Marimuthoo’s well-being. He said his client had secured a job at SA Cheaters Private Investigators as a bodyguard and assistant private investigator. The letter of appointment was submitted to court.
Singh told the court about the ongoing violence in prison, DNA samples taken by an unauthorised person, a delay in Marimuthoo’s mental evaluation, the effects of his incarceration on his family and a petition by members of the community denying he was a danger to society.
Magistrate Rajesh Parshotam said some of facts were covered in the previous bail hearing, but the application was being heard in the interest of justice.
Singh said should Marimuthoo be granted bail, he would stay with his parents in KwaDukuza. The attorney read out a supporting affidavit by Marimuthoo.
“I have boils all over my body. As a result of such outbreaks, aside from the pain and discomfort, I find it difficult to focus and sleep. I have not been diagnosed on what the underlying condition could be,” the accused said.
Marimuthoo said the job he secured would provide a net salary of R12 500 and would allow him to fulfil all his financial obligations. He said should he be granted bail, he would report to the local police station daily, not interfere with State witnesses and attend his trial. Marimuthoo also said he was not a flight risk.
“I have no passport and have no intention of applying for one.”
Sabelo Ziqubu, the State prosecutor who opposed bail, submitted an affidavit from the investigating officer, Soobramoney Naicker, of the detective branch at Tongaat SAPS.
Ziqubu said Naicker had clarified he had taken over from the initial investigating officer, but was well-acquainted with the matter and the investigation was at an advanced stage.
In an affidavit, Naicker said only the DNA evidence and the accused’s mental evaluation were outstanding and the information presented by the defence was not new. The only information that could be considered new was the submission of the outbreak of boils, he said.
Naicker said the accused had also never complained of an assault or injury.
“The accused only complained of an abscess that was diagnosed, treated and healed successfully.”
With regard to Marimuthoo's employment, he said he investigated and found no such company.
“I visited Stanger and established that the address given for the company does not exist. I made various calls and two of the numbers submitted do not exist. The third number was answered by a Sibisiso, who said he had no knowledge of the company,” said Naicker.
Regarding the accused's mental well-being, the State said anxiety was part of being incarcerated. About delays in the accused’s mental evaluation, Ziqubu said a bed had been booked at Fort Napier in January 2021 and the evaluation would take about eight weeks.
Singh re-addressed the court and said his client could have contracted TB or be HIV positive.
Magistrate Parshotam said no submissions were made in the affidavits, but the attorney said the accused had spoken of this during a consultation moments before the court proceedings.
“I prefer if this was submitted by the accused to the court,” said magistrate Parshotam.
During his verdict, he said: “The court is not a medical expert, but when the court views the accused, he seems to be well-groomed, well-dressed, wearing a designer tracksuit jacket, which is not normal for a person kept in custody. He appears to be in a fairly decent physical condition. There is nothing to support that he is not being taken care of.”
Magistrate Parshotam found the investigating officer had adequately and comprehensively dealt with the allegations and the accused was in no suitable position to be a bodyguard.
“The court ruled previously that the accused is a ticking time bomb based on all the evidence that was led previously. The court also made a ruling that due to the nature of the offence, he needed to undergo a mental evaluation and is so not fit to take on such a position.”
Magistrate Parshotam said he found no compelling evidence to grant bail. The matter was adjourned to January 2021.
Afterwards, Thanthoni’s dad, Narainsamy “Babs” Thanthoni, said the investigating officer and State prosecutor did a good job to counteract the claims made by the defence. "We want to say thank you. Thank you to all the people who prayed for us and encouraged us. Today, we stand here and remember others who have lost loved ones through gender-based violence and have not received the justice they needed. We want to say to them, have faith in the Lord because it is not easy to go through this process and pray God’s will be done."
POST