The mother of a murdered Durban student is outraged that one of his assailants has been handed a suspended sentence, while the other will serve just eight years in jail.
|||Durban -
Ootraged – this is how Tracy Pillay, whose son Kurtlee was stabbed and run over by his own car, feels after one of his two assailants was given a wholly suspended sentence, and the other an effective eight years by the Durban High Court.
The angry mother has described the outcome as a travesty of justice.
Her son Kurtlee, a 20-year-old graphic design student, was slain in November 2014.
Pillay is also disappointed that her input during the plea bargain negotiations was allegedly not considered by the State.
On Friday Bilal Tayob, 23, was sentenced to 10 years imprisonment which was wholly suspended for five years. Dinesh Nana, 23, received an effective eight years in jail.
In addition Tayob will be under house arrest for three years.
Tayob pleaded guilty to charges of kidnapping and defeating the ends of justice, and in addition to those charges Nana pleaded guilty to robbery with aggravating circumstances.
In their guilty pleas prepared by advocate Jay Naidoo, instructed by attorney Ahmed Amod, the accused - both self-confessed drug addicts - claimed that their former co-accused, Blaine Raman wanted Kurtlee dead. (Charges against Raman of murder, kidnapping and robbery with aggravating circumstances were withdrawn in the Durban Magistrate’s Court last year because of insufficient evidence.)
The two alleged Raman was angry that Kurtlee had apparently formed a relationship with his ex-lover.
They said they were instructed by Raman to kidnap Kurtlee and had acted in common purpose when they deprived him of his liberty by preventing him from exiting his own vehicle.
The accused said they were remorseful and would testify for the State against Raman if the charges were re-instated.
Tayob, Nana and Raman were nabbed by Warrant Officer Shailendra Singh of the Durban Dog Unit and other officers.
Tayob and Nana alleged that all 40 stab wounds Kurtlee sustained were inflicted by Raman.
Kurtlee’s body was found in West Riding Row in Sherwood after he was also knocked down with his own vehicle, dragged and run over.
His visibly upset mother told Acting Judge Cassim Sardiwalla that her son was not up for sale and that the R30 000 offered to her by Tayob’s family was a ridiculous suggestion.
Pillay said she intended lodging an appeal against the sentences and that she felt insulted by the R30 000 cash offer.
“I am gutted. I am of the view that the accused watered down the roles they played so that they could get far lighter sentences. They were not upfront with the court and me.
“My input to the State regarding the guilty pleas was not considered. Kurtlee and Raman’s ex-girlfriend were school friends. Kurtlee had his own girlfriend,” she said.
“The accused (Tayob) and (Nana) ought to have got stiffer sentences. Tayob is free and will see his family daily. My dear son, on the other hand, is gone and is not coming back.”
However, Professor Stephen Tuson, a criminal law expert at Wits University, and Professor Karthy Govender, a constitutional law expert, told POST that Pillay’s bid to appeal the sentences was unlikely to materialise.
This was mainly because she would have to persuade the State, which had agreed to the plea bargain, to lodge the appeal.
Tuson said it was unlikely that the State (represented by advocate Denardo McDonald) would consider Pillay’s request.
“In terms of the procedures concerning plea bargains, the State has to canvass the views of the victim (if alive) or the deceased’s family to satisfy Section 105 (A) of the Criminal Procedure Act.
“I don’t know the facts of this case, but from what was told to me, it seems that Pillay’s views were canvassed by the KwaZulu-Natal Directorate of Public Prosecutions.
“The directorate would have tasked the investigating officer (Lieutenant Monty Naidoo) to discuss the plea bargain agreement with Pillay,” he said.
“It is not binding on the court to implement the input of the deceased’s family.”
The sentencing of the accused was not an easy process, Tuson added.
“The court has to take into account numerous factors, including the age of the accused, the interest of society, the seriousness of the offence and so on.
“The court has the final say and judges can either accept or reject guilty pleas tendered by the accused.”
Govender concurred. He added: “Pillay was afforded an opportunity to give her views. She, unfortunately, does not have any veto power.
“Since the State prosecuted the accused and accepted their guilty pleas, it is going to be exceptionally difficult for Pillay to convince the State to appeal the sentences.”
Attorney Pregen Govindasamy, who kept a watching brief on behalf of Raman’s family, said Raman and his family were aware that he might be re-charged.
Tayob and Nana were ordered to be at court on Thursday).
The sentences will be repeated into the record and so will the outcome of a report compiled by the Department of Correctional Services in respect of Tayob.
The Post