More delays as IS-linked murder accused protest over mental evaluation and prison conditions

The trial of three suspects linked to the murders of acclaimed British botanists Rodney and Rachel Saunders has been adjourned to February 11 next year after the trio protested about appearing in court.

Sayfudeen Aslam Del Vecchio, 41, his wife Bibi Fatima Patel, 30, and Malawian Mussa Ahmed Jackson, 35, are charged with the 2018 kidnapping and killing of the Saunders couple. They also face charges of robbery and malicious damage to property.

The Saunders completed a shoot with the BBC on plants indigenous to the Drakensberg region then headed to the Bivane Dam, near Vryheid, on February 8 2018. They were  last seen near the Ngoye Forest, from where they were kidnapped. 

Less than two weeks later, Del Vecchio and his wife were arrested and appeared in the Vryheid magistrate’s court. They were initially also charged with contraventions of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, with alleged links to an Islamic State terrorist cell.

Charges included: terror financing; collecting and/or possessing a document or thing connected with the engagement of terrorist activity; soliciting or providing support for a terrorist organisation, namely IS; and planning or preparing to carry out terrorist attacks in South Africa.

While the terrorism charge was dropped, witnesses have testified during the trial of Del Vecchio's attempts to convert them to the Islamic faith, which included showing images and videos of soldiers in Islamic garb praying and shooting people.

In November they were examined by a prison psychologist and psychiatrist who found them fit to stand trial. However, they are opposed to this.

On Wednesday judge Esther Steyn ordered a full medical examination by a panel of psychologists and psychiatrists from the Fort Napier mental hospital in Pietermaritzburg.

They are also complaining about prison conditions which they have endured for more than 2,040 days.

This was raised by Del Vecchio and Patel's legal representative Shaheen Seedat.

He asked the court to make an order that all reports by Samantha Naidoo of the judicial inspectorate services and any other official on how his clients were treated in prison, be submitted to all parties.

“Sayfudeen has been suffering many years in unlawful solitary confinement, which has affected him mentally, physically and emotionally. He and his wife cannot think clearly in court and they are unable to make proper preparations for trial, which makes the trial unfair,” said Seedat.

He said Del Vecchio’s constitutional rights had been violated as he was barred from communicating with his wife.

“The Bill of Rights enshrined that a person, even sentenced prisoners, can be visited and has a right to communicate with a spouse or partner during their detention,” said Seedat.

He said Del Vecchio believes he should be allowed to communicate by telephone.

Seedat said his client had studied two articles on solitary confinement and believed correctional services was treating him unfairly.

Patrick Mkhumbuzi, who represents Jackson, said his client had written him a five-page letter in which he complained about the toll his incarceration at eBongweni correctional facility had taken on his life.

“He feels his detention life has completely changed him. He says every time he hears noises he hallucinates. He also realises he is losing his mind and said he sometimes shouts at prison officials,” said Mkhumbuzi.

Mkhumbuzi said after spending nearly six years in detention, Jackson sometimes finds himself smiling at himself, a clear sign he was losing his mind.

“He does not get any fresh air for most of the week or have access to the sun. He doubts he is able to follow proceedings,” said Mkhumbuzi.