State witness a ‘pathological liar’ says Sangham

Sewram and Soni had become friends again, court hears

Murder accused Rajivee Soni’s defence lawyer Naren Sangham yesterday tore into the evidence of state witness ‘Professor’ Mlungisi Sithebe who had earlier told the court that Soni had offered him R100 000 to ‘harm’ Dr Bhavish Sewram.

Sangham told the court that his client and Sewram had patched up their differences, put their past behind them and had resumed their friendship, after meeting each other with a priest present.

“Soni had no reason to ask you to kill the doctor. Your evidence is a fabrication. The chronological sequence of events viewed against documents shows that you are lying…logic and common sense will dictate that the doctor would not have met you and entered into a plan to avoid what you were there for,” argued Sangham.

Earlier in the week Sithebe had testified that after being offered R100 000 from Soni to ‘harm’ Sewram, he went to the doctor and warned him of the plot.

“I couldn’t kill someone. I went straight to the doctor and told him I had been sent to kill him,” Sithebe had testified, adding he warned Sewram to flee Pietermaritzburg.

Sangham however described Sithebe’s evidence as “ludicrous” questioning why Sewram would listen to somebody he had never met before.

“You chose what to put to the court selectively and said the correct exhibits are the statements you produced. You are a pathological liar,” Sangham declared adding that his client would deny Sithebe’s allegations and that Sewram had approached Sithebe to harm Soni for R100 000.

“If the accused (Soni) were to testify he would deny ever seating Sithebe in his car and pointing out surgeries. The accused would say that you (Sithebe) told him that you were approached by the doctor (Sewram)and was asked to harm him (Soni)for R100 000. My client was taken aback and does not know why the deceased would want to harm him, as they were now friends,” said Sangham.

The state is alleging that Soni had unleashed a campaign of terror against his former friend Dr Bhavish Sewram whom he suspected was having an affair with his wife Kerusha. The state alleges that Soni orchestrated and paid for Sewram to be murdered outside his Raisethorpe surgery in May 2013.

In two parallel trials the state secured convictions against Sabelo Advocate Dlamini, the self confessed triggerman. Mfaniseni Wiseman Nxumalo and former policeman Brian Treasurer were convicted for their involvement in the murder. All the killers are now serving life sentences in jail. At the trial of Nxumalo and Treasurer, Judge Anton Van Zyl, remarked that the evidence had indicated the existence of a ‘principle’ .

The exchange of words between Sangham and Sithebe continued throughout yesterday’s cross examination.

Sangham put it to Sithebe that his client would not have taken him to Northdale as the doctor’s surgery was in Raisethorpe.

“Soni can say whatever he wants and change his story. Soni wanted me to harm the doctor. You are trying to discredit me and make me look bad and I will never change my story because it is the truth. Soni offered me R100 000 to harm the doctor,” said Sithebe.

“It is not necessary for me to discredit you, you did that yourself,” retorted Sangham.

“Soni needs the Lord. He needs God to take all the demons from him. He has harmed many families. This whole saga did not come well to me and I just need to pray for him. This is hurtful because you’ve been offered to kill a person and at the end its being turned around . I wish to know why. Why would Mr Soni do this to me,” asked Sithebe, sobbing and wiping his eyes while replying.

Earlier in the morning Sithebe replied to a question posed by Sangham that he had been contacted by a member of the police anti-corruption unit, a Colonel Jones, who had questioned him about Soni and then urged him to change his statement.

“I went straight to Johan du Toit (the state prosecutor) and said there is a case against them that is pending,” replied Sithebe.

“Colonel Jones is the head of the anti-corruption unit in the province and is on the presidential task team employed by the president to identify corruption in the police service. They questioned you because of an affidavit made by a Darryl Gounden…If they were called to testify they would deny any suggestion that they asked you to retract your statement. They would testify that you was put under pressure to make these statements by the investigating officer and the investigative team,” declared Sangham.

The trial continues.