Defence witness says Saunders killers were ‘tortured’ by years in solitary confinement

A defence witness told the Durban High Court that years of solitary confinement for the convicted Saunders killers amounted to torture and warranted leniency.

Samantha Naidoo, a UK-based witness presented by the defence as a criminologist, testified virtually on Friday, June 19, in mitigation of sentence for former Umdloti residents Bibi Fatima Patel (36) and Sayefudeen Aslam Del Vecchio (46) and Malawian national Ahmad Jackson Mussa (44), who were convicted of kidnapping, robbery with aggravating circumstances, theft and two counts of murder on June 9.

The primary case follows the kidnapping, torture and murder of botanists Rodney and Rachel Saunders in the Ngoye Forest near Mtunzini in February 2018. Their bodies were dumped in the Tugela River and their accounts drained of R734 000.

When the group were arrested at their homestead near the forest on February 15, police found Isis flags and literature, although terrorism charges were dropped.

Referring to a report she compiled on the trio, Naidoo said they had been traumatised by deplorable prison conditions, prolonged social isolation and, at times, the denial of medical treatment.

She said Del Vecchio and Mussa, who are being held at eBongweni Supermax Prison in Kokstad, had experienced visual and auditory hallucinations, while Patel, segregated at Westville Prison, displayed symptoms of chronic trauma.

Naidoo added that Patel acknowledged “immense personal grief and prays for the deceased’s family”, while Del Vecchio hoped to study Political Science and mentor young people.

Patel and Del Vecchio appeared in court for the first time in more than a year on Friday. Since April last year, the pair had refused to attend proceedings, remaining in the holding cells beneath the court while insisting they did not recognise the authority of South African courts.

Both dressed in camouflage clothing, Patel and Del Vecchio sat together apart from Mussa, holding hands. Del Vecchio appeared relaxed, smiling at journalists, grinning at various points during the hearing and posing for photographs.

Given the trio’s alleged links to ISIS, security remained exceptionally tight throughout the trial’s 160 court days, with heavily armed Special Task Force officers stationed throughout the courtroom.

During cross-examination, Senior State advocate Mahen Naidu questioned Samantha Naidoo’s credentials, arguing that her CV reflected no formal training in criminology, law, psychology or psychiatry that would qualify her to express expert opinions on the accused’s mental state, remorse, rehabilitation prospects or the effects of prolonged solitary confinement.

In response, Naidoo labelled the State’s line of questioning a personal attack and an attempt to “poison the well”.

Sentencing proceedings resume on June 29 and 30, when Patel is expected to call her sister to testify.
The State is also expected to recall a witness close to the Saunderses and lead evidence from a UK-based relative via video link.