Durban — The bid by a man alleged to have torched his fiancée alive in their Phoenix flat to gather evidence that he plans on using during his trial has seen a delay in his pre-trial conference, and ultimately the trial itself.
On Thursday, Shaun Naicker, 38, who is charged with the murder of Nivashni “Jackie” Naidoo appeared in the Durban High Court.
It emerged that the accused’s defence had not handed over details to the State that were required by it to make an application for the accused to obtain the cellphone data and bank statements he requires.
Naidoo and Naicker lived together in a flat with Naidoo’s 12-year-old son.
The State alleges that the couple were alone in their flat on the morning of May 9, 2022, when Naicker set fire to the flat using an accelerant. He is also charged with the theft of Naidoo’s ID document, her vehicle – a VW Polo 6 TSI – as well as her valuables including three cellphones, a tablet, a laptop, jewellery and sunglasses.
It is alleged that after removing the items, he fled in Naidoo’s car, leaving her in the burning flat, where she died.
On the last occasion, in June, that a pre-trial conference was scheduled, it didn’t go ahead as Naicker first wanted to obtain bank statements and cellphone records.
The trial was duly adjourned to Thursday for that purpose.
However, State prosecutor advocate Thabani Buthelezi told the court on Thursday he had been shown, by the defence, the details upon which the State relied to make a Section 205 application on behalf of the accused that morning.
“This was on a piece of paper handwritten; we require a formally written request,” said Buthelezi.
He explained that since Naicker’s last appearance in June, he had been waiting for these particulars to be sent.
The matter was adjourned to August so that the State could receive the request from the defence and make the application.
In Naicker’s indictment, the State alleges that Naidoo had suffered physical abuse at the hands of the accused before she was murdered.
“During the evening of Saturday, 26 June 2021 the accused and the complainant were in their flat. Naicker was intoxicated and they argued, whereafter he left the flat.
“He returned in the early hours of the morning and assaulted the complainant repeatedly on the head with an iron bar. She was subsequently hospitalised,” it reads.
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Daily News