Magistrate ‘hard pressed’ to deny #SiamLee murder accused bail

THE mother of slain Durban North woman, Siam Lee, Carmen Nan Lee wept in court as the man accused of kidnapping and murdering her only daughter was granted bail at the Durban Magistrate’s Court last week.

However, a tearful Nan later told the Northglen News that while she was devastated by Magistrate Mohammed Motala’s decision, she respected it.

“He has to follow what the legal system requires, and I accept that,” she said.

Nan said she had not given up on justice being served for her daughter, adding, “this is not the actual trial, and it is still early days”.

Lee’s disappearance had grabbed headlines in January, with the dozens of communities, neighbourhood watched and private security companies assisting in the search.

Sadly, the then 20-year-old’s body was discovered on 6 January, burned beyond recognition in a sugarcane field in New Hanover.

A few days later an Assagay man was arrested by private investigator, Brad Nathanson and his team.

Nan she was struggling to cope without her daughter, but said she still felt Lee’s presence on a daily basis.

Motivations behind the granted bail

SPEAKING to a packed court on Wednesday last week Magistrate Motala said the primary mitigating factor for granting the 30-year-old man bail was his lack of prior convictions.

The businessman was allowed to leave on R40 000 bail, after spending five months behind bars.

In a marathon bail hearing with 11 postponements Motala said despite public outrage and opposition to bail he had a duty to remain impartial and not to be swayed by public opinion.

“The accused has the right to be considered innocent until proven guilty,” he said.

Because the State could only present circumstantial evidence pertaining to the kidnapping and rape case of one of the state witnesses during the bail hearings  Motala said he was ‘hard pressed’ not to grant bail. What’s more he said the state was also unable to provide proof of the time, place and manner of Lee’s murder.

The accused cannot be named due to the rape charge.

In response to the State’s firm belief that the accused should be denied bail as he would destroy evidence, Motala agreed with the defence saying if there was indeed any physical evidence out there the state would have found it by now.

While the state had painted the accused as an “unsavoury” character who  had for many years been involved in illegal activities he found it difficult to believe that the accused was “elusive to track down”.

ALSO READ: ‘The State has a weak case against me’ Siam Lee accused

He said the accused had been living at the same address for years, has several businesses in South Africa, and close family in KwaZulu-Natal.

“If the state was seriously looking for the accused they should have been able to easily track him down,” he said.

“We must also not lose sight of the fact that in count seven the state alleges that the applicant walked into a police station in Kloof on 8 January 2018 to make a false report,” he said.

Motala also said he did not believe the accused was a flight risk.

ALSO READ: Siam suspect alleges torture, harassment by police

“While I sympathise with the family of Lee it is highly important for me to fulfill my oath of office and to act without fear, favour or prejudice,” he said.

The accused was released on bail conditions which include, having to live at his mother’s house in Pietermaritzburg and reporting to his nearest police station at least three times a week.

Should he leave the province of KwaZulu-Natal for business dealings in Gauteng, his bail conditions remain the same. He was also strongly warned by the Magistrate not to interfere with State witnesses.

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