Durban — A man alleged to have torched his fiancée alive in their flat and stolen some of her belongings, including a car, has claimed he paid for these items.
This is the defence that Shaun Naicker seeks evidence for so that his pre-trial conference can be concluded.
He is charged with the theft of a VW Polo 6 TSI, three cellphones, a tablet, a laptop, jewellery and sunglasses, all items allegedly belonging to Nivashni “Jackie” Naidoo whom he is alleged to have killed.
Naicker appeared in the Durban High Court for the continuation of his pre-trial proceedings. These had previously been adjourned for him to provide the State with information for it to make an application for him in terms of the pre-trial hearing.
Naicker wants to obtain his bank statements and cellphone records to form part of his pre-trial hearing as well as the main trial. He has been unable to obtain these records, resulting in the pre-trial process being delayed.
“The trial date setting will not be adjourned further after this,” warned Judge Jacqueline Henriques, after she learnt Naicker had not yet obtained his bank statements.
State prosecutor advocate Thabani Buthelezi said that since the last court appearance, the defence had provided the required information to obtain the cellphone records. A Section 205 application for the cellphone records was made on July 31 and the results should take two to three weeks.
Buthelezi said not enough information had been provided by the accused to obtain his bank statements.
Musa Chiliza, a Legal Aid lawyer representing Naicker, said, “The accused can’t remember the account number and being in custody is a challenge for him in obtaining it. He thought maybe his ID would have helped. He is charged with theft. The accused says he bought those items. He was paying for the car but it was under her name.”
Naidoo and Naicker lived together in a flat with Naidoo’s 12-year-old son.
The State alleges the circumstances around Naidoo’s murder were that during the morning of May 9, 2022, the couple were alone in their flat.
In circumstances unknown to the State, the accused allegedly set fire to the flat using an accelerant. It is alleged that after removing the items, he was accused of stealing them. He fled the scene in Naidoo’s car, leaving her in the flat. She died in the fire.
To circumvent the absence of Naicker’s account number, Judge Henriques ordered that the investigating officer find out more information about these items from Naidoo’s family.
“The investigating officer can go to the family of the deceased and ask about the Polo and then obtain bank statements of the deceased. We won’t need the 205 in that case,” she said.
According to the State, Naidoo had suffered physical abuse at the hands of the accused before she was murdered.
“During the evening of Saturday, June 26, 2021, the accused and Naidoo were in their flat. Naicker was intoxicated and they argued. Thereafter he left the flat. He returned in the early hours and assaulted the complainant repeatedly on the head with an iron bar. She was subsequently hospitalised,” read Naicker’s indictment.
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