Murder accused’s ongoing bail bid proves too much for mother of slain #SiamLee

FOR the first time since the man accused of kidnapping and murdering her only daughter, Siam Lee, appeared at the Durban Magistrate’s Court Carmen Nan Lee had been missing from the gallery last on week Thursday.

The ongoing proceedings began to take its toll on Nan Lee on Wednesday, as the 29-year-old, who cannot be named as he also faces rape charge, once again recounted how he was not only allegedly tortured and assaulted during his arrest in January, but that private investigator, Brad Nathanson, his team and police tried to coerce him into confessing to the murder.

ALSO READ: Murdered Siam Lee laid to rest

This, as state prosecutor, Surekha Marimuthu attempted to poke holes in the accused’s allegations.

She said the state alleges that the accused’s claims are a “complete fabrication”.

Marimuthu asked the accused why he had not sought medical assistance and suggested it was strange that none of the policemen reported his injuries.

He alleged there had been a cover-up to hide the assault and told the court he simply wanted to avoid any interaction with the police as he feared the assault might continue if he provoked them.

“I was suffocated to a point where I thought I was going to die,” he had said earlier.

“They told me I had stabbed her in the neck!” he told the court.

“They gave me a state of the body of the deceased; essentially leading evidence. They had a narrative of how this all happened,” he added.

ALSO READ: #SiamLee murder accused ‘singled out for special treatment’ at Westille Prison 

This outburst proved too much for Nan Lee who broke down in tears and abandoned the proceedings during an adjournment, and then not make an appearance on the Thursday.

“It is too much, hearing how my beautiful baby girl died,” said a distraught Nan Lee. “She is my best friend. And now she is gone.”

The state, however, has yet to reveal any details on Lee’s post mortem.

A disheartened-looking Nan Lee once again braved the court on Friday, comforted by a small support group and one of Lee’s beloved stuffed animals – just days before she faced another first without her only daughter, Mother’s Day.

On 15 April Lee would have celebrated her 21st birthday.

Earlier in the day Nan Lee had motioned to the Highway Mail from her seat in the gallery that she was keeping ‘fingers crossed’ that accused’s bail bid would be wrapped up.

Unfortunately, this was not to be the case. The bail hearing was postponed to 23 and 25 May, as the investigation officer had been called to an urgent matter at the Durban High Court.

 

A history of women’s abuse

AS the state delved into the charge sheet of the Assagay man they painted an alleged history of sexual abuse and harassment towards women.

The first of his alleged victim’s, a former fiancé, Lucky Mthembu, obtained a protection order against the accused, and even changed her physical address and contact number in an alleged bid to evade his ‘constant abuse’, the court heard.

It is alleged that he punched and strangled her in his home, and later threatened to kill her if she did not return his labola gifts.

He also allegedly posted an online and newspaper advert listing Mthembu as a prostitute.

ALSO READ: PI brags about alleged torture of #SiamLee accused on voice note

The day before Lee disappeared the accused allegedly ordered a pizza in her name, during which a staff member inadvertently gave him Mthembu’s new number.

She was alerted to the order after he cancelled it, and when she went to the restaurant and they played her the recording she identified the voice as the accused’s.

The state told the court that while Mthembu’s cases of attempted murder and intimidation were withdrawn they have been revived due to the accused’s ‘noncompliance’

“You failed to not threaten or assault her,” said Marimuthu.

The state also alleged that the self-proclaimed businessman kidnapped a Malvern prostitute at gunpoint and later raped her at his home.

“You drove to her place of employment and threatened to shoot her if she did not get into your vehicle. You then forced her to strip naked and get into the vehicle,” said Marimuthu.

It is believed the accused made contact with both the Malvern woman and Lee on an adult website, Red Velvet.

The accused, who has become infamous for his lengthy response, refused to answer the line of questioning, including whether he knew Lee or had consensual sexual relations with the prostitute.

It was also revealed on Thursday that a vehicle tracking device linked the accused to the location of Lee’s disappearance in January (Margaret Maytom Avenue) as well as the site where her body was found dumped and burned in and New Hanover.

 

 

Defence attacks the state’s evidence

ADVOCATE Martin Krog was on a war path as the bail hearing of his client moved into its eighth day at the Durban Magistrate’s Court on Friday.

Krog, on several occasions, suggested that the state’s evidence was “weak” as he grilled investigating officer, Ragan Govender about the kidnapping charge, the arrest of the accused and the seizure of his black Mercedes Benz.

The pair clashed repeatedly as Govender now refused to answer many of the questions, stating they spoke “to the merits of the case”.

“The accused has the right to decline to comment based on the merits of the case but you are required to answer. You are making my job incredibly difficult,” Krog argued.

As tensions peaked Krog said, “You understand the consequences of not answering? With your 25 years of experience of the police force behind you… There is no evidence to support this case and it will come back to haunt you.”

Magistrate Mohammed Motala interjected and told Krog that “bullying [Govender] is not going to make him answer”.

Govender eventually conceded to Krog’s line of questioning, saying the accused was identified as Lee’s last client on the day she was reported missing, based on an identity parade conducted after his arrest.

Earlier he had also told the court that CCTV footage had placed the black Mercedes Benz outside the premises at the date and time Lee reportedly disappeared.

Krog argued against the validity of the identity parade, as the accused’s photo had been shared with the 68 000 followers of private investor, Brad Nathanson’s Facebook page.

Nathanson and his team had affected the accused’s arrest, almost two weeks after Lee’s body had been discovered.

“He messed up,” he said. “Do you not think that this compromised the identity parade?” he asked.

“This is just one of the instances in which he had messed up,” he added.

Govender “vehemently disagreed” saying the state would deal with the validity of the evidence once they reached the trail.

He stated confidently that the state had a strong case against the accused and was confident that they would secure a conviction when the case goes to trial.

When Krog questioned Govender on the seizure of the vehicle he told the court that the former investigating officer had simply “slid open” the front gate and manually opened the garage door, after spotting the vehicle through a window.

He said they had received the ‘go-ahead’ from a senior public prosecutor.

Govender also confirmed that Nathanson had arrived at the Assagay home “around 10 minutes” before police – with both the seizure of the vehicle and the arrest of the accused.

Krog then fired back claiming he would prove the seizure had been irregular and unlawful.

 

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