It was strike three for Isis-linked couple Safuydeen Del Vecchio and his wife Fatima Bibi Patel who lost their bid to have sitting judge Esther Steyn removed on Tuesday.
The previous day Steyn ruled against their application to have prosecutor Mahen Naidu recused, on the back of their loss to have another judge hear the recusal application on Friday.
The pair are charged with the kidnapping and killing of botanists Rodney and Rachel Saunders in 2018. They are standing trial with Malawian Ahmed Mussa Jackson and also face charges of robbery and malicious damage to property.
Their lawyer Shaheen Seedat claimed Steyn was aware that police and correctional service staff had ill-treated and impugned their dignity on several occasions while they were imprisoned and when they were brought to court.
The accused are not charged with [working for] Isis or terrorism against the state and yet they are labelled as Isis members and treated in a subhuman manner in a courtroom, with all the security in prison
— Lawyer Shaheen Seedat
“When it was brought to the attention of the court, the court failed to protect them,” said Seedat.
He recalled an incident when the couple were prevented from bringing their backpacks to court which contained necessary items such as writing material, legal documents, prayer mat and lunches.
“Again, the honourable court failed to uphold the rights to human dignity by reprimanding the investigating officer and correctional services for subjecting the applicants to discriminatory practices, with the sole intent and objective of humiliating and degrading them before the media and the public eyes which severely prejudiced them,” said Seedat.
He also accused the investigating officer and the correctional services staff of taking photographs of them while asleep.
“The complaints were conveyed to the court who stated she couldn’t rule on correctional services decisions and it ought to be raised with the judicial inspectorate for correctional services.”
He said throughout the trial they were labelled as Isis members which prejudiced them.
“The accused are not charged with [working for] Isis or terrorism against the state and yet they are labelled as Isis members and treated in a subhuman manner in a courtroom, with all the security in prison. Accused 1 is in solitary confinement,” said Seedat.
Their right to legal counsel and consultation was being infringed as their lawyers struggled to gain access to them, he added.
Naidu said the complaints brought in the application to have Steyn removed, were previously raised and addressed by her. Steyn also rebutted some of issues raised by Seedat and eventually dismissed their application. She ruled the full reasons will be disclosed at the end of the trial.
After a short adjournment, a retired police commander, who was tasked with monitoring Del Vecchio, told the court the accused had been on the radar of authorities since 2016 when he was seen at the King Shaka airport.
The former colonel said the request to monitor his movement had come from a colleague who suspected Del Vecchio to be behind the kidnapping of the Saunders. This led to him compiling a report of his movements and financial activity, which he submitted to court.
The reports detailed how a FNB gold and Nedbank card were used to draw money in Springfield and Newlands West respectively.
He recalled how the couple, who drove a white Ford ranger with an NUR registration and with a young child in tow had travelled south from Umdloti on the R102, headed for the China Mall in Springfield.
He submitted photographs of the couple and Jackson, dressed in Islamic attire arriving and handing them an item. They later went to Newlands and drew more cash at an ATM before returning to Springfield where they bought baby formula and two generators.
The policeman said Jackson was not known but Patel was recognisable from as far back as 2016.
The colonel said he realised Jackson was not local after hearing his accent.
He explained surveillance followed a meticulous process where subjects being investigated are often tailed for days, with photographic and video footage compiled before being downloaded onto a disk to be submitted with a report.
The case continues on Wednesday.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.