Accused in KZN kidnapping case changes legal representative

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A bail application for one of the four people arrested in connection with the disappearance of UK-born botanists, Rodney and Rachael Saunders did not go ahead as scheduled today.

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Fatima Patel,  Safydeen Aslam del Vecchio, Thembamandla Xulu and Ahmad Jackson Mussa stand accused of kidnapping, and now murdering, the Saunders.

The couple went missing near the Bivane Dam, in Vryheid in northern KwaZulu-Natal in February.

They have not yet been found.

Patel was supposed to make a formal application for bail in the Verulam Magsitrate’s Court.


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But, proceedings kicked off with the news that  just half-an-hour before, Mussa had asked his Legal Aid attorney to withdraw from the case and he wanted to appoint a private attorney in her place.

State advocate Adele Barnard then told the court of an “unethical” meeting between Mussa, his Legal Aid attorney and one of the instructing attorneys for Patel and Del Vecchio, Nadeem Mohamed.

It emerged during the course of proceedings that Mussa had made a statement in which certain admissions were tendered and his co-accused, implicated.

Barnard said the contents thereof made the meeting improper.

Patel and Del Vecchio’s advocate, Jay Naidoo told the court Mussa had indeed arranged to see Mahomed.

But on their version, Mussa wanted Mohamed’s representation and when Mohamed realised this, he advised it would constitute a conflict of interests.

Magistrate Chris Annamalai, however, ruled that his conduct had indeed been improper and said he could not hear Patel’s bail application, nor an application by the SABC to film and photograph in the court, under the circumstances.

He also explained that now he had to wait for Mussa to secure legal representation before proceeding with the case.

The case is due back in court later this month.



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