8 August 2024
From left to right: Regan Naidoo’s aunt Cookie Thaver, his uncle Jeffery Mahalingan, his father Timothy Naidoo, cousin Andrea Naidoo, his widow Kerosha Naidoo and another cousin Keenan Naicker. The trial of 17 police officers for his death in custody has again been postponed. Photo: Benita Enoch
There was surprise in the Durban Magistrates Court on Thursday when former state prosecutor Kuveshni Pillay appeared as the lawyer for the defence of one of the accused in a police brutality case.
Pillay was in court to represent Rajen Saunders, one of 17 police officers charged with murder, attempted murder, torture, kidnapping and defeating the ends of justice. This follows the death in custody in August 2018 of Regan Naidoo in the Chatsworth police station.
After an investigation by the Independent Police Investigative Directorate (IPID), 22 officers were arrested and charged with murder, attempted murder, torture, kidnapping and defeating the ends of justice. Charges were dropped against four of the accused and another officer was gunned down in a police shootout at the Pavilion Shopping Centre in 2023.
The accused have been out on bail since they were charged.
At Thursday’s hearing, the state said it would seek guidance from the Legal Practice Council on whether there was a conflict of interest with Pillay representing one of the accused, since she had been part of the special prosecutions team before resigning in June 2024.
The state said Pillay might have been “privy to information and discussions” about the case during team meetings and would have seen a board in one of the offices on which the case plan was drafted.
Pillay resigned from the Department of Public Prosecutions less than two months ago, after working there for 26 years.
She said there was no conflict of interest.
Pillay told the court that there was “bad blood between myself and certain management but it must not be a personal attack in this matter”.
Magistrate Maryn Mewalal noted the state’s and Pillay’s comments and adjourned the pre-trial conference to 11 September.
She expressed concern about the numerous delays in the case. “I am very desirous of setting a trial date in the matter.”
She said she was conscious of the costs involved in paying for legal representation over the years this case has been before the court and the need for closure for Naidoo’s family and the families of the accused.
Outside court, Naidoo’s father Timothy broke down as he questioned how a former state prosecutor could turn defence. He said he had not not expected the case to be delayed yet again.