POLOKWANE – Magistrate Mohamed Shaik last Thursday postponed Rameez Patel’s (29) bail hearing to Tuesday in spite of his advocate, Stefanie Fourie’s objections.
Patel is accused of the murder of his wife, Fatima (28) at their home in Nirvana last month.
State prosecutor Mark van Drunick reminded the court that the case was a schedule 6 case where Patel stood accused of pre-meditated murder and that bail could only be granted in compelling circumstances.
Shaik said the circumstances at court, where it had to hear other cases too due to the burning down of the magistrate’s court three years ago, made it difficult for the case to be finalised as speedily as the court wished.
Earlier in the day drama ensued when the investigating officer, Const David Nkuna, collapsed in court. Nkuna said he was forcefully compelled to come and testify although he was on leave to prepare for exams. He said he did not feel well and asked the court to “feel for him” before collapsing. Nkuna was cross-examined last Monday but the process had not yet been completed when court adjourned. He said he was only available later this month, after May 19, when he was to write exams.
Van Drunick then asked the case be postponed as it would be prejudicial for the state’s case should proceedings continue without Nkuna finishing his testimony.
Next on the stand was a member of the community policing forum (CPF), Tobias Botha, the first person from the security and police sector to be at the scene of the murder, was called to testify.
According to Botha’s testimony, he was called out to the Patels’ residence because of a problem there. He not sure of the address but friends or the brother of the accused called him into the house where he found the applicant holding his wife on his lap.
Botha further testified that he found the keys of the flat on the lock on the outside and there had been no forced entry, either into the house through a window or door nor at the security wall with electric fencing that surrounded the complex.
Botha said later when the forensics and police finalised their investigations and wanted to lock the door, the key was missing. Botha found a bullet hole in the fridge and a lot of blood where Fatima was lying. Paramedics found a fragment of the bullet in the home and all persons were asked to leave the house.
“He (Patel) just kept on asking is she was going to be all right, ” Botha said. He said he had found a weak pulse at the time of his arrival.
The people who were in the house with Patel asked him to ensure there was no an intruder on the second floor and he did so. Botha said Patel seemed calm. Patel disappeared later and came back just before Botha left, wearing other clothes, a traditional garment, Botha said.
People, probably his family, were hugging him and consoling him. Botha said nobody assaulted Patel, as the defence’s advocate suggested earlier that somebody, perhaps community members standing outside the house, could have assaulted him and been the cause of the marks Patel had on his neck. The bail application was postponed to Tuesday, May 12.
