‘Revenge Behind Brothers’ Sex Claim Case’

Saturday, August 6th, 2011 at 2:48 pm  
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Questions arising from statements made by four casual workers who allege they were sexually assaulted by two brothers, have been left unanswered as the men have failed to meet police to clarify the issues, the Blue Downs Magistrate’s Court has heard.

Brothers Hein and Enrico van Vuuren, from Ravensmead, appeared briefly in the court on Tuesday.

They were expected to hear whether the Director of Public Prosecutions (DPP) had decided to prosecute them on charges of sexual assault and rape.

It has been alleged that the brothers sexually assaulted four casual workers at their timber factory on April 5, after refusing to pay them.

During their bail application hearing, the brothers testified that they had refused to pay the workers because the men had been smoking dagga on the property, posing a fire hazard.

The brothers were released on free bail after magistrate Linda van Tonder found that the case against them was weak, “fabricated and without substance”.

“It seems revenge was the only motive since they did not pay the workers,” she said.

On Tuesday, prosecutor Hamley Marquard said the DPP had reached a decision on the case, but the decision had not yet been verified by the deputy director because she was out of the office on Tuesday.

Advocate Zirk MacKay, representing the brothers, said it was “unfortunate” that the case was being delayed because the deputy director was not available to sign the document.

Marquard said the police investigation had been finalised, but the investigating officer had tried unsuccessfully to get hold of the complainants.

“There were a number of requests made to the complainants (for consultations) with them regarding aspects in their statements that needed to be cleared up, but they didn’t respond.”

Marquard said that other than fine-tuning the complainants’ statements, the investigation was complete.

Outside the court yesterday, about 50 protesters gathered in support of the victims. They brandished posters that read: “Brothers go to hell” and “We want jobs not oral sex”.

Community leader Gabriel Ndlwana said residents of Mfuleni, where the complainants lived, had come out in support of them and hoped that the case would go to the Western Cape High Court.

The brothers are due back in court next Friday.

Pair Deny Revenge Killing After Argument in Street

Tuesday, August 2nd, 2011 at 2:40 pm  
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A man was killed by a single stab wound to the heart in a revenge attack following an row in the street, a court heard yesterday.

Victim Nitu Das, 23, had argued with accused Elaine Pendery when she complained about noise he was making outside the Loughborough home she shared with boyfriend and fellow accused Andrew Smith.

Prosecutor Stuart Rafferty QC said Mr Das had waved his belt about in a row with Pendery at about 2.30am on July 26 last year.

Smith then armed himself with a kitchen knife and stabbed Mr Das in the chest, jurors at Coventry Crown Court were told.

Mr Rafferty said the single stab wound penetrated the heart of Mr Das and he collapsed and died minutes later.

Mr Rafferty said: “Smith caused the injury with a knife he had taken out into the street with him quite deliberately, and we say he did that with the intention of confronting no-one other than Nitu Das.

“He targeted Nitu Das. He stabbed him intending to cause him really serious injury or he stabbed him intending to kill him.

“Although Mr Smith wielded the knife, the responsibility for the killing does not end there.

“The reason he went out armed with a knife was because of Elaine Pendery, who was his partner at the time. She incited him, she encouraged him to do so.

“She had been in the street before Mr Smith came out. She had been involved in an argument with people, one of who was Mr Das.

“She was to claim she had been intimidated because he had waved his belt in her direction. She undoubtedly had recruited Mr Smith for revenge on her behalf.”

Smith, 39, of Cartwright Street, Loughborough denies murdering Mr Das.

Mr Rafferty said Pendery’s actions were also sufficient to charge her with murder, although the 46-year-old, of the same address, denies the charge.

Mr Rafferty said Mr Das had been out with friends and had ended up in Cartwright Street, waiting to be picked up.

He said among Mr Das’ friends were two teenage girls, who were being noisy.

Pendery shouted at them out of the window of her flat, then confronted them in the street.

Mr Rafferty said Pendery went back into the home she shared with Smith and encouraged him to get revenge on Mr Das.

As Mr Rafferty told how Smith launched his attack, Mr Das’ mother, sitting in the public gallery, broke down and fled the court.

He said Smith had chased Mr Das on to a bridge in nearby Meadow Lane repeatedly punched him, bit him on the eyebrow and then stabbed him in the chest with the knife, which had a 7.5cm blade.

He said Pendery knew that Smith had gone out into the street armed with a knife and did nothing to try to stop him or warn anyone.

Pathologist professor Guy Rutty said the knife would have to have been wielded with moderate force to cause the injury.

He said the wound had penetrated a lung, cut a rib and gone into the left ventricle of the heart, causing massive bleeding.

The case continues.

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