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Abduction of Britons case – teenager denied bail

Publish date: 23 March 2018
Issue Number: 4425
Diary: Legalbrief Today
Category: General

An Mtunzini teenager accused of having had a hand in the abduction and disappearance of Britons Rod and Rachel Saunders will remain behind bars until the culmination of his trial. Themba Xulu’s application for bail was denied by Magistrate Vallaraman Kathuravaloo in the Verulam Regional Court yesterday, notes a TimesLIVE report. The British couple‚ who have lived in Cape Town for a number of years‚ remain missing nearly six weeks after they disappeared in northern KZN. Xulu (19) and his co-accused, Fatima Patel and Sayfydeen Aslam del Vecchio‚ are alleged to have kidnapped the couple‚ stolen their car and drained more than R700 000 from their bank accounts. The latter two accused remain at the centre of the high-level terror probe‚ facing charges related to an alleged association with terror organisation Isis. The teenager‚ who was represented by Legal Aid attorney Mondli Mthethwa‚ is charged with theft‚ kidnapping and robbery with aggravating circumstances. In his judgment‚ Kathuravaloo said the teen had not proffered any compelling evidence that proved exceptional circumstances that warranted his release on bail. Kathuravaloo returned to a brief statement Xulu had made during his first appearance‚ when he insisted he had a lot to tell the court. ‘If indeed he has a lot to tell the court I haven’t heard any of it. If the applicant is to be believed that he has a lot to say then he is deliberately concealing information from this court‚’ he added. ‘His possession of the cellphones indicates that he has associated himself with a criminal conspiracy‚’ the magistrate said in summation. Xulu and his co-accused will return to court on 12 April‚ when Patel is expected to put in a bail application.

– TimesLIVE

A threat to Durban’s Westville prison is thought to have prompted the secretive move of Del Vecchio to Kokstad’s Ebongweni ‘C-Max’ prison last week. A TimesLIVE report notes that the Verulam Regional Court heard that Del Vecchio had been hastily shifted to the secure and isolated facility‚ unbeknown to his legal team‚ prosecutors or Hawks investigators. The facility is SA’s only super-maximum security prison and is regarded as one of the most secure in the southern hemisphere. Del Vecchio’s mysterious move was highlighted by defence Advocate Jay Naidoo‚ who said that his client had been moved without any notification. Prison authorities claimed‚ he said‚ that the move came after a request from the prosecution team. ‘We have not been able to consult with our client and prepare an application for bail. It is highly inconvenient because it takes three hours to travel there from Durban‚’ he said. State Advocate Adele Barnard refuted this‚ saying that they too had been unaware of Del Vecchio’s move to the maximum security facility. She said that ‘speculation’ around the reason for the move‚ conveyed to the investigating officer by Correctional Services officials‚ was that Del Vecchio’s presence compromised the safety and security of Westville prison. The magistrate denied an application by Naidoo to order that Del Vecchio be rehoused at Westville‚ saying that the discretion of prisoner placement rested with the Department of Correctional Services.

– TimesLIVE

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