19 May 2022|17 Shawaal 1443
Delays, a tense exchange and the defiant accused, who walked away from a court judge, were all part of Wednesday’s third sitting of the case of murdered UK couple, Dr Rachel Saunders and her husband, Rodney.
The horticulturist couple died as a result of blunt force trauma, allegedly by Aslam Del Vecchio, 39, Bibi Fatima Patel, 28, and Mussa Ahmed Jackson, 35.
The trio was previously said to have links to terrorist organisation, ISIS.
The matter again hit delays on Monday and Tuesday as Judge Sharmaine Balton allowed the accused further consultation with their lawyer, Bulelani Mazomba.
By Wednesday morning, Balton refused to entertain more indulgences for Del Vecchio, Patel and Jackson. It spurred the accused to walk out of court – with Del Vecchio in a heated exchange with the judge.
The trio pleaded not guilty to murder, kidnapping, theft and malicious damage to property.
Following that, Del Vecchio brought an application to strike out the search and seizure that netted key evidence against himself, Patel and Jackson. He argued that the search and seizure was illegal.
Balton explained that only once the issue of search and seizure evidence came up during the trial could an application be brought to the court.
This angered a visibly perturbed Del Vecchio, who bemoaned constitutional violations, insisting the matter be heard before any other aspects of the trial.
He also wanted more time to consult with his lawyer, despite Balton giving him an additional two days at the start of the trial on Monday and Tuesday.
Walking out of the courtroom and back to their holding cells, a greasy-haired, exhausted-looking Del Vecchio said to the media and Balton.
Balton told Del Vecchio that the law worked in one way, and that he could bring his application when the search and seizure matter was discussed in court.
Balton, thereafter, had a small back and forth with Mazomba, who told the court he had explained the court proceedings to his clients.
“I explained this to the accused a long time ago, it seems as if they have their own opinions. They want to conduct the case according to their way, not according to what I know.”
She then adjourned proceedings for Mazomba to again explain the court processes to Del Vecchio and Patel.
The court briefly resumed nearly an hour later, during which Balton said the trio could consult on Thursday and Friday, but that the trial would commence formally on Monday.
Consultations would be held in the Durban courthouse building, so Del Vecchio and Patel could consult together.
Source News 24
