Durban - A Durban man who killed his wife because she nagged him about his extra-marital affair, will spend the rest of his life behind bars.
In the Durban High Court on Monday, Judge Shyam Gyanda sentenced Rajiv Sewnarain to life imprisonment for the 2010 murder of his wife Shanaaz and a further five years for defeating the ends of justice.
The sentences are to run concurrently.
Shanaaz, of Montclair, was shot dead execution-style and her body found on the outskirts of Folweni (near Isipingo).
She was recovering from an earlier shooting when she was killed.
In 2010, Sewnarain, 51, was convicted and sentenced to life in prison after he confessed to hiring and paying a hitman to kill his wife of 20 years. He was in an extra-marital affair.
In 2016, he launched an application in the Pietermaritzburg High Court to review his conviction and sentencing. At the time, Sewnarain claimed he had been assaulted by police and was forced into making a confession, and could not remember pleading guilty. Due to a technicality, he was granted a retrial.
Yesterday, Shanaaz’s sister, Sandra Baliram, welcomed the sentencing, saying it was a relief Sewnarain would spend the rest of his life behind bars.
She said the sentencing came at an auspicious time as their family was observing Navaratri. “We waited almost eight years for justice. My sister was a Kali devotee and I never doubted the outcome of this trial.”
In mitigation of sentence, Sewnarain’s advocate Shane Matthews asked the court to deviate from a life sentence.
“I am not shying away from what happened, but he should not get life imprisonment. He has already served eight years and this should be taken into account.”
Sewnarain had no previous convictions and was not a threat to society, he said. But senior prosecutor Cheryl Naidu argued Sewnarain took the “cowardly” way out to have the mother of his children killed because he wanted to spend time with his girlfriend, away from his “nagging” wife.
“The interests of society deserve protection from the accused and people like him. If the deceased’s greatest crime was to nag, then any husband should have reason to kill his wife.”
She pointed out that Sewnarain did not show any remorse.
In handing down sentence, Judge Gyanda agreed Sewnarain had shown no remorse.
“The first step in remorse is to admit you are wrong and make amends. You have been sent to a place you were not prepared for and wanted to get out.
“You hired someone to kill a harmless person such as your wife. You could have divorced her but the reason why you chose this role, only you can answer,” Judge Gyanda said.
He added Sewnarain’s arrest had also caused a split in the families.
“You have alienated your children from the maternal side of the family and for them to grow up without their maternal side is a tragedy.”
Judge Gyanda also rubbished Sewnarian’s claim he had been assaulted into making a confession by the police.
“You made countless allegations against the police.
“You had an attorney to explain your rights, but you still went on to say you had been mistreated. It is time you take your life into your own hands and make amends.”
Standing outside court, Shanaaz’s family cried tears of joy and commended the prosecuting team and the investigating officer for an outstanding job.
“Naidu is a power force, a go-getter whom I can only describe as Mother Durga. When you speak the truth, justice will come to you.
“And to Viresh Panday, for investigating and giving us closure, God bless them abundantly,” a grateful Baliram said.