Family released on bail after allegedly plotting guru's murder for R100,000

A CHATSWORTH family has been granted bail after allegedly offering R100,000 to a former gang member to arrange the murder of a spiritual leader.

The conspiracy, which stemmed from a property dispute, was exposed when the middleman approached police with details of the plot.

Naresh Uthamlal, his wife Asha, their son Saihil, and their daughter's boyfriend Sohail Mohamed, have been charged with conspiracy to commit the murder.

They were arrested after a former gang member from Crossmoor claimed they had approached him to orchestrate the killing of Guru Ashley Padayachee, head of the Shallcross Shree Kali Amman Kovil.

Their “issues” with Padayachee allegedly stemmed from a dispute over a house that the Uthamlal family had verbally gifted to him.

Naresh, Saihil and Mohamed were released on R3 000 bail in the Chatsworth Magistrate’s Court on Friday.

The bail application for Asha, who was hospitalised after she fell ill in court on October 17, had been separated from her co-accused due to her health.

She is currently in hospital under police guard, where she remains in an unresponsive state.

Her attorney Priyanka Naicker told the court that she has a diabetes-related illness and she was unconscious and unresponsive. 

Naicker said they had no indication when she would be discharged from hospital.

State prosecutor Dumi Mchunu said the State was opposed to bail.

The first witness for the State was investigating officer from Chatsworth SAPS, Sergeant Silindile Cynthia Makgoso.

She said that Mohamed had arranged a meeting held at the Uthamlal’s business premises in Crossmoor with a person, who is a witness, that he believed could help with killing Padayachee.

“Accused three (Mohamed) had arranged a meeting with Accused 1, 2 and 4 (Naresh, Saihil, Asha) and the witness to assist in getting a person to help them kill the complainant (Padayachee) because they had issues with him.

“The witness agreed to assist to get someone to help them in killing the complainant. The witness told them that he got someone, who wanted R100 000 to kill the complainant. 

“The person needed R50 000 as an upfront payment. The other half was to be paid after the job was done. The transactions made into the witnesses account amounted to R29 500. Before the R50 000 was paid in full, the witness came and opened a case.

“The witness, in his statement, said at the meeting Asha explained the situation and that they needed somebody to assist them in killing the complainant. The witness asked them if there was any other way that they could resolve their issues, but Accused 1 (Naresh) said no, he had to die.

“The witness asked them why they wanted him to arrange for somebody to kill the complainant, and Accused 2 (Saihil) said that it was because they knew that he was a gangster before so he will know somebody who will help them,” Makgoso said.

Mohamed’s attorney Shabeer Goolabjith said that his client's version is that R30 000 was paid from the witness to Mohamed’s account, and then paid back.

“The evidence is based on speculation. The State’s case hinges on the evidence of a single witness, who was the middle man.

“The witness loaned R30 000 to the accused on September 10. They needed to pay their rent. The applicant’s (Naresh’s) daughter Suhanna paid the money  that they borrowed back to the witness.

Magistrate J Gurie questioned what caused the witness to go to the police.

Makgoso said that the witness realised that he knew the complainant and he was concerned about his safety, so he decided to be a witness.

Gurie also questioned why the witness was not charged alongside the other four  accused, for “planning and plotting” with the accused.

Mchunu read an affidavit from Padaychee, who said that he objected to bail as he and his family lived in fear of their lives.

“My children are scared to go to school due to the trauma and violence that the accused had displayed in front of them.

“The accused have shown that they have no respect for the law, and they have no remorse,” the affidavit read.

Asha will appear in court for her bail application once her health condition improves.

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