Another delay in case against rearrested Westville prison escapee

There has been another delay in the court case against Ashen Vishnudath following his expected appearance in the Pinetown Magistrate’s Court yesterday, (29 October).

Magistrate Gwendolyn Robinson will see Vishnudath again when he appears on Monday, 18 November to face the list of charges against him which now includes those relating to his escape from Westville Prison where he was being held while awaiting appearance for allegedly murdering mechanic Navandren Govender from Reservoir Hills.

Vishnudath (27) had in August escaped from Westville Prison allegedly after using another prisoner’s particulars.

KZN SAPS spokesman Lt-Col Thulani Zwane, confirmed soon after Vishundath’s rearrest on  Monday, 14 October that he would appear in the Pinetown Magistrate’s Court the same week,  to face charges of defeating the ends of justice.

“A case of escaping from lawful custody was opened at the Westville police station and the docket was assigned to Provincial Organised Crime Unit for further investigation. Detectives were on his trail since he escaped from custody until this morning [Monday, 14 October] when he was arrested,” said Zwane.

ALSO READ: Westville escaped jailbird back behind bars

While last week it seemed that the state seemed to be ready to proceed and was planning on indicting Vishnudath, which would have seen the case moved to the High Court, officials at Pinetown’s F court confirmed the case was on the roll to reappear at F court before Magistrate Robinson again next month.

At the time of Vishnudath’s rearrest, Pravin Gounder, chair of the Reservoir Hills Community Policing Forum (CPF) said he was glad that the man who was alleged to have committed the murder had been rearrested.

“His (the murdered man’s) family were mortified by the fact that he had escaped. This will give them some solace that the wheels of justice can now turn in regards to their late son’s murder. The community is also relieved that he is back behind bars. This reinforces our faith in SAPS and the justice system.”

“May he have his day in court and may justice prevail,” added Gounder. Since his rearrest Vishnudath has seen the inside of the courtroom on more than one occasion as the case proceeds.

ALSO READ: Murder trial of rearrested Westville escapee might go to Durban High Court

Asked about the latest delay Gounder told the Highway Mail the slow pace of justice was a reality which he and those working to make their communities better grapple with daily. “We know that there are lots of delays, and each one is sad because it affects people’s lives,” he said.

“On the one hand there is the family of the deceased, who are unable to get closure as they face yet another delay and uncertainty about what will happen to the man accused of murdering their loved one,” he said.

“This community has already been hurt so much in this particular case, first when the man who had been facing the charges escaped, and now with yet another delay, but I feel particularly for the family of Navandren Govender as they have already been through so much and suffered terribly when the accused had escaped and was at large for so long.”

“On the other hand,” Gounder conceded, “those who are facing charges are also often left without any clear idea of what is going to happen to them, which I would imagine is especially traumatic when there is someone who is facing charges if they are not in fact guilty.”

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