Durban police brutality case heads to trial after years of delays

Regan Naidoo’s father, Timothy Naidoo; his cousin, Paul Govindsamy; and uncle, Jeffery Mahalingan, outside the Durban Magistrates’ Court on Thursday. The case has been moved to trial after a successful pre-trial conference. Photo: Benita Enoch

• On Thursday the pre-trial hearing in a case involving 14 police officers in the 2018 death-in-custody of Regan Naidoo was concluded at the Durban Magistrates’ Court.
• They are accused of murder, attempted murder, kidnapping, torture and defeating the ends of justice.
• The trial has been set down for 30 June 2025.
• About 40 witnesses will be called and a trial-within-a-trial is anticipated as the defence will contest cyber evidence obtained by the state.

A pre-trial hearing in a case involving 14 SAPS officers following the death-in-custody of Regan Naidoo in 2018 was successfully concluded at the Durban Magistrates’ Court on Thursday. The officers are accused of murder, attempted murder, kidnapping, torture and defeating the ends of justice.

Proceedings kicked off with senior public prosecutor Roshiela Benimadho standing in for Surekha Marimuthu, who was attending to a family emergency. Magistrate Maryn Mewalal presided.

The first matter before the court, and the reason for the last adjournment, concerned advocate Kuveshni Pillay, a former prosecutor turned defence lawyer. Submissions had been made by the state to the Legal Practice Council (LPC) for its view on whether a conflict of interest existed with Pillay potentially having privileged information on the state’s case against the accused from her time as a prosecutor.

In Pillay’s absence on Thursday, her instructing lawyer Avir Maharaj informed the court that Pillay’s mandate had been “terminated.”

Speaking to GroundUp, Maharaj said that both him and his client (accused number 21, Rajen Saunders) discussed Pillay’s involvement in the case and decided to terminate her contract. Maharaj said he had no knowledge of the LPC’s findings.

Maharaj submitted that he would represent Saunders in the ensuing trial.

Meanwhile, Benimadho said the state would likely call up to 40 witnesses during the trial. She said it would also request an inspection-in-loco at the Chatsworth police station. This is typically done to provide sensory evidence where presiding officers can observe the real-life circumstances under which an incident played out.

Benimadho also submitted that a trial-within-a-trial should be anticipated as the defence indicated it would contest cyber evidence obtained by the state.

The state said it had CCTV footage and cellphone records subpoenaed from various service providers under Section 205 of the Criminal Procedure Act (CPA).

Defence advocate Christo Swart, however, submitted that together with the other litigants, the defence would seek a High Court ruling on whether the evidence was admissible based on a newly signed law that covers cyber crimes in the CPA.

Magistrate Mewalal certified the trial for 30 June to 11 July 2025.

Outside court, a handful of the accused appeared to be in a jovial mood.

Naidoo’s father, uncle and eldest cousin were present at the day’s proceedings.

“The whole family will be here during the trial,” said Jeffery Mahalingan, Naidoo’s uncle.

Naidoo’s father, Timothy, said he was relieved to hear that Pillay was no longer defending.

Asked if he was mentally and emotionally prepared to have details of his son’s post mortem report discussed in court, he said he was unsure but he would try to find the strength to endure it.

“To this day, I have not read the report. My other son has banned me from reading it because the details are bad,” he said.

Naidoo’s mother is still struggling to come to terms with her son’s death. Naidoo’s widow has cried at every court day she has attended.

In 2018 Naidoo was at a petrol station in Chatsworth when he was picked up by two police officers on suspicion of having a gun used in a crime. Naidoo was taken to Chatsworth police station and was found unresponsive in the cell hours later. He was declared dead on arrival at R K Khan hospital a few hundred meters from the station.

Initially 22 officers were arrested, but charges were dropped against seven officers and one of the accused died in the line of duty in 2023.

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