Regan Naidoo with his daughter a few weeks before his death.
Image: Supplied
FOURTEEN police officers charged with the kidnapping and murder of Regan Naidoo face delays in trial proceedings as legal representation changes arise.
Naidoo, 32, died from alleged torture in Chatsworth police custody in 2018.
The officers, who were arrested in 2021 after an investigation by the Independent Police Investigative Directorate (Ipid), appeared in the Durban Magistrate’s Court on Friday.
The 14 police officers who await the start of their trial are: Pushpanthan Pillay (53), Malcolm Naicker (44), Brian Naidoo (68), Trevor Chetty (49), Andries Botes (51), Erik Karsen (44), Muhammed Raoof (57), Preshan Lutchman (35), Cedric Pillay (41), Xolani Sosibo (39), Kubendran Kisten (44), Rajan Sanders (52), Devendra Chetty (54) and Ugeshan Govender (44).
On Friday, Magistrate Maryn Mewalal said she did not need to conduct a pre-trial and was ready to set a trial date.
However, Advocate Carl Van Der Merve, who represented most of the accused, said he was only told early that morning that some of the accused wished to change their legal representatives, and that they were withdrawing from his services.
He said he did not know how many of them were withdrawing and he was unable to take proper instructions from his clients due to them only telling him about the change shortly before they could appear.
Mewalal said at this stage after so many years, the court may refuse this.
“Even if I grant this, the court can ask the accused to represent themselves. If they knew that they wanted to change their legal representation, why did they not inform you before?” she questioned.
Van Der Merve said he had no idea why the accused wished to withdraw from his services, and he told the court that he was also concerned that they decided this shortly before they could appear in court.
Mewalal said: “It is my observation and my prima facie view that these are delay tactics on the part of those who want to change attorneys. I get the very distinct impression that this was a move to stop the court from setting a trial date. I am quite surprised that this is the way that this matter has turned out, as the State is ready to proceed with the trial but there is one delay after another by the defence.
“It is worrying that the accused did not find it fit to inform their defence that they have any issues, and what is more worrying is that no reasons were advanced. It is my duty to interrogate it and I am not satisfied that there is a proper application before me, and it is my view that in the absence of a proper application, and us not knowing which accused wants to change counsel, it is concerning that the matter has to be adjourned and the goal post - which is the trial date - has to be pushed further down the line,” she added.
She said on the flipside, if she refused the adjournment, it could lead to further delays.
“If I refuse the adjournment, which was my initial inclination, and set a trial date somewhere in July, depending on the availability of the court, the accused's new attorneys may want to bring another application, and the trial date may not be suitable.
“The accused first appeared before the court in 2021. The writing is on the wall. We need to find closure for everyone involved in this matter, including the family of the complainant, and the accused. I will grant the adjournment but the court will not tolerate another adjournment,” Mewalal warned.
Speaking to POST after the case, Naidoo’s father Timothy Naidoo, 64, said he was pleased that Mewalal had questioned the delay tactics of the accused.
He said while he was tired of their “tactics” he felt relief that the trial date will finally be set.
“I am a bit relieved. I can see that we are getting somewhere now. We have had enough of the delay tactics. Although the wheels of justice took so long to turn, we are glad that it is finally turning.
“Our family is feeling hopeful. We are praying that by the end of the year, this case is finalised,” added Timothy.
Naidoo was detained on August 28, 2018, for questioning regarding the sale of a firearm which had been used in a murder of an alleged hitman from Umlazi, Xolani Zungu. Zungu was shot dead in Chatsworth on August 23, 2018.
The morning after his arrest, police told Naidoo’s father that he had choked on a pie and had died in the holding cells.
However, Naidoo had sustained multiple injuries, including bruising, multiple fractured ribs, lung bruising and haemorrhaging.
A post mortem conducted by private pathologist Reggie Perumal, revealed that Naidoo had died from multiple fractures and blunt force injury to the head, and not due to choking from his food.
Initially, 22 police officers were charged for murder, attempted murder, kidnapping, torture and defeating the course of justice.
One of the accused, Sergeant Riyadh Adams, was killed in a shootout while responding to a robbery at the Pavilion Mall in 2023.
The State withdrew charges against seven other accused: Christopher Kisten, Irindran Maistry, Ralph Ogle, Mlamhli Nthuthuka, Eric Morajane, Sihle Ngidi, and Brigadier (now Major General) Kevin Christopher James, who was the station commander of the Chatsworth police station at the time of Naidoo’s death.