Judge’s recusal stalls major murder trial

Having presented a substantial portion of its case in a high-profile murder trial for nearly a month where the accused allegedly had links to Isis, the state will be forced to start the matter afresh later this month. The Sunday Tribune reports that the waste of resources, which includes the testimony of 17 state witnesses, occurred when Judge Sharmain Balton decided to recuse herself on Tuesday from the State versus Del Vecchio and two others hearing in the KZN High Court (Durban). This, after it was brought to Balton’s attention that she also handled a preservation application that involved two of the accused the previous week. Bibi Patel, her husband, Sayefudeen Vecchio, and Malawian national Mussa Jackson are accused of murdering well-known horticulturist Rod Saunders and his microbiologist wife Rachel in February 2018. Natasha Kara-Ramkisson, NPA KZN spokesperson, said: ‘The accused were remanded in custody as their bail was previously refused and the matter was adjourned to 25 October for the allocation of a new trial judge.’ The victims were kidnapped, beaten to death, their bodies placed in sleeping bags and dumped into the Tugela River. The charges the accused faced included kidnapping, murder and robbery. Del Vecchio was also charged with malicious damage to property after he allegedly set alight cane fields in 2017, resulting in damages of nearly R2.4m. The charges in both matters have since been consolidated and all three have pleaded not guilty.

The Institute for Security Studies notes that detectives reportedly found pamphlets relating to the Islamic State terrorist group, along with an Isis flag, at the defendant's home when they were arrested. Del Vecchio, who converted to Islam, and Patel, whose father is a Muslim cleric, have both been included on South African security force's watchlists. Del Vecchio had been caught on a quadbike watching planes at Durban's King Shaka airport more than two years before the murders. What's more, messages on WhatsApp and Telegram found on their phone showed the suspects discussed plans to 'kill the kuffar (non-believer) and abduct their alias, to destroy infrastructure and put fear in the heart of the kuffar'. The suspects also described the couple as 'prey' who were ripe for a 'hunt'. The charge that the suspects had links to Islamic State has not been submitted to the court, according to The Times.