PATEL CASE: Emotions run high outside the court

POLOKWANE – Local businessman, Rameez Patel’s bail application resumed today in the Polokwane magistrates court.

Two opposing groups protesting before court in Patel case, Polokwane. pic.twitter.com/4K85hCwWZB

— Nelie Erasmus (@ErasmusNelie) May 12, 2015

Protestors outside the court comprised of 2 opposing groups. Police were called in as emotions were running high. Magistrate Shaik requested several times that the crowds outside should quieten down.

Tumi Mokwena has been asked by Patel to defend him in court in place of adv Stefanie Fourie. Mokwena was previously Julius Malema’s lawyer.

"@ErasmusNelie: Tumi Mokwena to represent #RameezPatel. pic.twitter.com/E9QRIYejTp"

— PolokwaneReview (@PolokwaneReview) May 12, 2015

Pathologist, Dr. Thakadu Mamshela, was called to the witness stand. Mokwena objected, but state overruled the objection and said as it was a schedule 6 offence and witnesses were allowed to be called to the stand.

Dr. Mamshela said that Fatima Patel’s injuries were so bad that she could have died from them alone before being shot in the face.

UPDATE TO FOLLOW

Patel (28) is still in custody following the murder of his wife Fatima (29) on Friday, April 10 and his arrest five days later.

Patel was represented by his legal team that consisted of local attorney, Rafique Essa and Adv Stefanie Fourie.

The investigating officer, Const David Nkuna, who was opposed to Patel being granted bail, testified on Monday and laid out his reasons that Patel should not be granted bail.

Nkuna said he was called to the Patels’ home, where he found no sign of forceful entry. The accused arrived back at the flat and when he (Nkuna) asked him what had happened, he said some men broke into the house.

Nkuna further testified that Patel told him he had gone to have a bath at his uncle’s home, as he was covered in his dead wife’s blood after he found his wife lying on the floor when he arrived. He said he held her, and at that stage he did not know if she was dead or alive.

According to Nkuna, when Patel was asked to retrieve the clothes he had been wearing, Patel directed them to a house but the clothes were not there; the clothes were also not at another house, where they drove to next. A friend of Patel’s produced some clothes after making a call to his son, Nkuna said.

Nkuna did not know where the clothes came from. “The trousers had bloodstains on but the T-shirt was clean,” he said. The police were also looking for a brown jacket and a pair of shoes Patel was allegedly wearing on the day, which were not handed over to the police and had not been found at that time. The jacket was handed over when Patel was arrested on the Wednesday following the murder. Nkuna said he found it strange that Patel had changed his clothes three times that day. “He is not coming out with evidence needed,” Nkuna said.

Nkuna testified that Patel had scratch marks on his neck and his little finger on the left hand had been hurt. Patel gave two versions about what had happened to his finger, Nkuna said.

He further said the clothes had been sent to the forensic laboratory and the results were still outstanding, as were the results of fingerprints taken at Patel’s house. Nkuna said it could take up to three months for the results to come back. The police were also still looking for the weapon, a 9mm pistol used to shoot Fatima, he said.

According to state prosecutor, Mark von Dronik, Fatima was seriously hurt before she was shot in the face. A post mortem report showed she had bruises and lacerations on her face, she had blood in her airways and her skull was fractured by a blunt object. She was also missing some teeth and there were signs of compression to her neck indicating strangulation. “She was seriously injured before being shot,” Van Dronik said.

Nkuna said he did not believe there were exceptional and compelling circumstances to let Patel out on bail, and he believed him to be a flight risk as Patel had family in the UK and in India.

He said he also feared for Patel’s life should he be released on bail, as threats had been made against him.

Nkuna further said Patel was a mixed martial arts (MMA) cage fighter and, although he did not have previous convictions, cited two serious incidents in which Patel was alleged to be involved.

Fourie questioned why the state said it was premeditated murder and requested further particulars from the court. The magistrate, Mohamed Shaik, said no more information could be disclosed, as it would jeopardise the state’s case.

Nkuna said he would not have arrested Patel if he did not believe him guilty. Fourie disputed or queried most of the evidence given by the state in court.

The case was postponed to today (Thursday) when another witness would take the stand, as Nkuna would not be available until after May 19.