“State is wasting time” says Sangham

MTN expert testifies about all cellphone records and reports on various cellphone numbers, one of which Soni was using

Murder accused Rajivee Soni was back in court on Monday only for proceedings to be adjourned due to the state’s witness request for more time for their experts to compile a report on the highly contested cellphone evidence.

The adjournment unleashed the wrath of Soni’s defence attorney Naren Sangham on Tuesday, who lambasted the State for “wasting time”.

Two weeks ago Judge Jacqualine Hendricks postponed the trial as requested by state prosecutor, Johan du Toit after the state’s expert witnesses needed ten days to have their reports on the evidence ready.

The reports are on the much anticipated cellphone footage that shows Soni, at some point driving and talking to someone. The video does not have any reference to the murdered Dr Bhavish Sewram, or a plot to kill him. The people speaking in the video, do however, make reference to a person being shot in the leg.

“The state is a waste of time in securing witnesses. One of the state’s expert witnesses is soon going on holiday and we have not yet seen any reports from any experts. The accused is suffering great prejudice in this matter and the state should have all witnesses present in court to give their evidence. Postponing the matter further does not allow the accused the right to a fair and speedy trial. The state must live or die by the evidence presented thus far,” said an upset Sangham.

He stated that the defense will oppose any further delays or adjournments. On Wednesday MTN expert Dharmesh Kanti testified that all cellphone records and reports thereof, have no human intervention and are directly off MTN systems. Kanti is a manager in the MTN law enforcement liaison division and part his duties are to provide testimony in court on expert analysis if and when requested by the state.

Kanti told the court that Warrant Officer Naidoo had requested for a full report on various cellphone numbers, one of which Soni had been using from 2012 to 2013.

Du Toit has now closed the state’s case of a trial within a trial and the defense experts are expected to provide their report and evidence today (Thursday).

State witness Professor Mlungisi Sithebe earlier in the trial revealed explosive details of how Soni had contacted him and made him an offer of R100 000 to shoot Dr Bhavish Sewram, who he suspected of being in a relationship with his wife Kerusha. Sewram was shot dead outside his Raisethorpe surgery in May 2013.

The trial continues.