No bail for Malabar murder accused

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File photo

Published Feb 9, 2016

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Port Elizabeth – A 25-year-old man accused of murdering Malabar father, Bhaven Moodley, was refused bail in the Port Elizabeth Magistrate’s court on Tuesday.

The magistrate said that in her view there was “strong circumstantial evidence” against the accused.

The man is facing a string of serious charges which include murder, rape, assault with intent to cause grievous bodily harm, robbery with aggravating circumstances and possession of a suspected stolen vehicle.

Last month, 37-year-old Moodley, a father of two, was found murdered at his Malabar home in Crammer Street in Port Elizabeth.

A 66-year-old woman was found assaulted and confused at the time of the incident.

The magistrate said the charges against the man amounted to a schedule 6 offence, this was previously disputed by defence lawyer Lineen Swartz who argued that the charges related to a schedule 5 offence.

She said the affidavit supplied by the 25-year-old man did not portray exceptional circumstances and that his “personal circumstances were not unusual”.

In her judgement on Tuesday, the magistrate said that it was clear from the evidence given by the investigating officer that Moodley was found on the floor with cables and a shirt around his neck.

“If one has regard to the manner in which the body of the deceased was found, in the absence of confirmation concerning cause of death by way of postmortem which is still the subject of an investigation, it concludes that he must have died as a result of being strangled, in the absence of any other evidence,” she said.

The magistrate said the physical injuries on the 66-year-old woman were consistent with assault.

“There are also vaginal injuries which in my view are consistent with rape. Furthermore the alleged rape of the victim involves the infliction of grievous bodily injury which is also a schedule 6 offence.”

She added that the accused acted “suspiciously” when found in possession of car keys belonging to the Moodley family and that he did not give an explanation as to why his fingerprints were found next to the body of the deceased.

“The vehicle was subsequently recovered and the applicant gave no explanation, furthermore he gave no explanation regarding the presence of his fingerprints on the scene. In my view both facts constitute strong circumstantial evidence, showing that the deceased and the surviving victim were assaulted at the time of the taking of the motor vehicle, that constitutes an offence of robbery with aggravating circumstances, which is a schedule 6 offence,” she stated in her judgement.

She concluded that the state had shown a prima facie case and the 25-year-old man had failed to show exceptional circumstances existed which would permit his release on bail.

Attorney Lineen Swartz indicated that the defence was likely to lodge an appeal against the ruling.

The 25-year-old man will continue to be held at the Humewood police station until his next court appearance on February 15.

African News Agency

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