Latest news with #VerulamMagistrate'sCourt
The Citizen
12-08-2025
- The Citizen
Bail appeal dismissed for alleged Durban drug dealer accused of bribing survivor
The suspect fatally wounded his former employee and injured another, who survived the shooting. An Durban alleged drug dealer has suffered another setback after his appeal challenging the denial of his release on bail was dismissed. Shirwin Nowtham will remain in custody until his trial begins after his application for leave to appeal was rejected by the KwaZulu-Natal (KZN) High Court. Nowtham was charged with murder and attempted murder in connection with a shooting that took place a year ago. Durban drug dealer 'shoots' his employees It is alleged that on 29 August 2024, Nowtham fatally shot his former employee and wounded another, who survived being shot with a shotgun. The survivor and the deceased had previously worked for Nowtham selling drugs. On the day of the shooting, Nowtham and a man named Stephen arrived in a grey VW Polo and picked them up for another job. At some point, the two victims were forced out of the vehicle, and Nowtham allegedly opened fire on them. ALSO READ: Crime Intelligence CFO, co-accused granted bail in burglary cover-up Nowtham was arrested on 14 September. He was refused bail by the Verulam Magistrate's Court on 4 October. Rather than appealing that ruling immediately, Nowtham later renewed his bail application, citing new evidence. In his application, the accused referred to his son's ongoing illness, his own hypertension, and the survivor's retraction of the claim that he was the shooter. Survivior's statements The survivor had initially made a statement three days before Nowtham's arrest and then a second one on 18 November. In the second statement made to a police officer, the victim confirmed Nowtham had shot him and also claimed that the suspect bribed him during a prison phone call to change his testimony, paying him R5 000 and promised an additional R20 000 to drop the charges. Despite this, the survivor maintained that he did not want to withdraw the charges. On 25 November, attorney Mondli Mthethwa filed an affidavit stating that the survivor, accompanied by two men, approached him wanting to declare that Nowtham was not the shooter. READ MORE: 'Why were alarm bells not sounded sooner?' – Jayden-Lee Meek's mother denied bail The survivor explained that he had first approached the police but was told they did not want to take his statement. The victim then gave a further statement to another attorney, Ivy Mukweka, in January this year in which he claimed that Stephen, not Nowtham, was responsible for the shooting. Nowtham contended that these developments weakened the prosecution's case and amounted to new facts warranting his release on bail. The bail application was, however, denied on 14 March, leading Nowtham to appeal to the high court. High Court judgment In his ruling, Judge Robin Mossop acknowleged that there is 'substantial uncertainty' about the survivor's definitive version of events. He highlighted the state's argument that other evidence, which Nowtham had not focused on, pointed to his involvement. One such fact was that the deceased did not die immediately, and reportedly told a security guard that Nowtham was the shooter. 'That dying declaration was heard by a security guard who, alerted by the sound of the shooting, proceeded to the scene where he found the injured survivor and the dying deceased,' Mossop said. READ MORE: Likely to destroy evidence: Accused's bail bid rejected in Ditebogo Phalane murder case The judge also referenced evidence linking Nowtham with the crime through the grey Polo. 'The security guard apparently stated that he had observed a grey Polo motor vehicle with CY registration plates leaving the scene. 'Immediately after the shootings, the motor vehicle was returned to the dealer who had sold it to the appellant, and it was apparently swapped for another motor vehicle. Why this strange turn of events occurred was not explained by the appellant.' Mossop further pointed out that telephone tower evidence placed Nowtham's phone near the shooting location. He said the Verulam Magistrate's Court gave a 'reasoned judgment' on the bail application based on the new facts. 'Extremely strange' According to Mossop, the only potentially new fact was the sequence of affidavits from the survivor. 'Objectively speaking, the circumstances under which the affidavits that purported to exonerate the appellant came into existence are extremely strange. 'The survivor described himself in the affidavit drafted for him by Ms Mukweka as being an adult unemployed and unmarried male,' the judgment reads. 'In addition, he was apparently a person who had to be given a handout to purchase groceries, yet he was prepared to consult with two different private attorneys to prepare two statements. 'Why did he consult private attorneys? Where did he get the money to do this from? 'Why did he simply not report what he wished to say to the investigating officer and thereby avoid the cost that he must indubitably have incurred consulting with private attorneys? 'I do not accept, as allegedly stated by the survivor and as previously mentioned, that the Saps refused to take his statement. The answers to these questions are not immediately obvious,' Mossop continued. Nowtham's appeal was consequently dismissed as evidence showed his ability to interfere with state witnesses. NOW READ: Cop and prosecutor get bail in R1.6 million extortion case
IOL News
09-08-2025
- IOL News
Durban man's bail appeal denied due to alleged R5000 bribe to witness
Durban High Court has dismissed an appeal of a bail application for man who allegedly killed his employee Image: File A murder-accused Durban man has had his appeal dismissed by the Durban High Court after the Verulam Magistrate's Court denied him bail for the second time. This is after he allegedly paid a R5,000 bribe to one of his former employees, who he allegedly tried to kill, to change a statement that he made to the police and say that he is innocent. Shirwin Nowtham is charged with murder and attempted murder of his two employees. The State alleges that Nowtham shot his employees, and one survived. According to court papers on October 4, 2024, the lower court denied him bail. He did not challenge that, but he later applied for bail on new facts, and on March 14, 2025, the same court refused his application. After that, he approached the high court to appeal the bail refusal by the lower court. The survivor, who cannot be named, made a statement to the police on September 11, 2024, in which it stated that Nowtham picked him and his colleague up in a Grey Polo, in August 2024. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ He said Nowtham was with a person named Stephen. He explained that he and his colleague worked for Nowtham and Stephen, selling drugs. On the day they were shot, the survivor said they were promised another job. As their employers fetched them in a Polo, the survivor said they were made at some stage to get out of the car. 'Nowtham then took the firearm which was inside the vehicle and shot at us,' the survivor said. When Nowtham applied for bail on new facts, he stated the continued illness of his son, his ongoing hypertension, and that the survivor has withdrawn his allegations against him. The second statement made by the survivor was on November 15, 2024, and it was not submitted in court. On November 18, 2024, the survivor made another statement where he said Nowtham called him from prison and told him to change his statement and say Stephen is the one who shot him. The survivor confirmed that he received a R5,000 payment sent through Nowtham's friend Lunga. The survivor further stated that he was promised R20,000 if he went to court on November 27, 2024, to withdraw charges against Nowtham. He said he did not want to do that. However, on November 25 and in January 2025, the survivor made other statements to different attorneys, where he said Nowtham did not shoot him. Nowtham said this was a compelling reason for him to get bail as the survivors' statement ruined the State's case. However, State said it has more evidence, including cellphone records, and that before the employee died, he told a security guard that Nowtham shot him. 'I am not persuaded that the magistrate has erred at all in coming to her decision, and I am not able to find that the conclusion that she came to was the incorrect one,' Judge Robin Mossop said. He said the evidence of the survivor that Nowtham was able to reach him and influence him was compelling evidence of Nowtham's willingness to interfere with State witnesses, a conclusion to which the magistrate correctly came to. Judge Mossop said he was unable to interfere in the decision of the magistrate.
IOL News
11-06-2025
- IOL News
Phoenix man killed over parking dispute: neighbours arrested
Nico Naidoo Image: Supplied THE family of a Phoenix man, who was killed in full view of his parents after a dispute with his neighbours over parking, are outraged that the two men arrested for his murder have been released on bail. Nico Naidoo, 35, a psychology student and employee at a private security company, was allegedly stabbed and pushed down the staircase of his home in Rydalvale on May 30. He died from his injuries on May 31. Leon Vengatasamy, 40, and Justin Kattroyen, 33, who are believed to live two houses away from Naidoo, appeared in the Verulam Magistrate's Court on Friday on a charge of murder and were each released on R3 000 bail. Naidoo's sister, Nadelene Govender, said: 'My brother's alleged killers are allowed to walk the streets. They are getting on with their lives, while our family has been ripped apart by Nico's death." She said on the night of the incident, her brother had parked his car outside their home. He was still seated in his vehicle when his neighbour approached at around 6pm. Govender said the man had moved into the neighbourhood about a year ago and that was the first time her brother had spoken to him. 'He asked my brother to move his vehicle, so his relative, who was visiting, could park in that space. My brother told him that he was parked in his own premises and questioned why he should move his vehicle. 'There was a dispute and the man appeared aggressive. After they talked it out, the man apologised and even hugged Nico. He went to the extent of kissing him on his face. My brother asked him why he was kissing him. He said he was sorry about the argument. 'At around 11.30pm, my parents and siblings were asleep when they heard banging on our pedestrian gate. There were four men trying to get inside our property. They kept screaming and calling out for my brother. They tried to provoke him but he stayed inside the house." She said the men were hurling 'disgusting insults' at her parents in an attempt to provoke Naidoo. 'My parents told Nico to remain inside. The men were armed with a knife, beer bottles, and a baton. Nico thought that by not retaliating, they would get tired and leave. But they jumped over our boundary wall and entered the yard. They began banging on the kitchen door. My dad and uncle then went outside to ask them to leave. My mom was holding my brother to prevent him from going outside. 'They were overpowering my dad and uncle and tried to push their way into the house. Nico then saw that they had weapons and he ran to help my elderly dad and uncle. My dad, uncle and Nico tried to push the men towards the stairs, so they could leave the yard. "They then turned their attention to Nico. Nico was on the 5th stair of the staircase when one of the suspects stabbed him on his forehead. They then forcefully pushed him. He fell down the stairs and landed on his back. He hit his head and he was bleeding through his nose, ears and mouth. 'As my brother lay bleeding on the ground, and we were hysterical and trying to call for an ambulance, they were still swearing at us. The police eventually got rid of them. My sister Nikita and her husband then carried Nico to their vehicle and took him to hospital." Naidoo suffered from bleeding to his brain. 'The doctors told us that his injuries were too severe and they could not do much. We stayed with him until about 6pm on Saturday. He was not conscious but he held onto our hands. Tears rolled down his cheeks as I spoke to him and told him how much I love him. I pleaded with him get better. I prayed for him and as I said 'amen' he picked my hand up and held it in the air. At around 10pm, the nurses called us to say that Nico had passed on. 'My parents, who are 59 and 57 years old, are devastated. Their only son was killed in front of them. Nico was my parents' provider and backbone. Although this is a nightmare, my sisters and I have to be strong for our parents. 'Your neighbours are supposed to be your first call when you are in trouble, not the ones taking your life. It is scary that people can become violent and feel nothing to kill,' Govender said. THE POST
