The family of a man arrested over the murders of actor Brett Goldin and designer Richard Bloom and then released may sue the state for unlawful detention, his lawyer said on Wednesday.
”The possibility of a civil claim is being considered by the parents … [for] suing the state for unlawful detention,” said Theophillis Swartz, attorney for Rashaad Shaik.
Earlier on Wednesday, Swartz asked Wynberg magistrate Hafeesa Mohamed to rule that his client’s continuous detention was unlawful.
Mohamed released Shaik unconditionally, but as Swartz indicated to the South African Press Association, the state could press fresh charges and re-arrest the young man.
During proceedings on Wednesday, charges against three of the eleven accused were withdrawn.
State prosecutor Thinus Groenewald told a packed court that charges against accused numbers two, four and nine — Rameez Said, Travino Cairncross and Anushka Anthony — were withdrawn in absentia, as some family members sobbed in relief.
However, accused number 10 and 11 — Rashaad Shaik and Faizel Gaffoor — were formally added to the list of accused.
Those in the dock face two charges of murder, abduction, robbery with aggravating circumstances and possibly being in possession of stolen property — related to the execution-style killing of the two victims, whose bodies were found naked with hands bound next to a highway.
Zirk MacKay, representing Cairncross, placed on record that the decision to withdraw the charges against his client was based on the merits of the state’s case, and did not involve Cairncross turning state witness.
The accused were supposed to apply for bail, but the state asked for another seven-day postponement for ”proper bail profiles” to be collated.
Accused number eight, Yazeed Eyssen, told magistrate Hafeesa Mohamed that he had not had an opportunity to see or phone his family, who were nevertheless aware of his arrest.
”I’m sure that in the near future they will come and speak to me,” he told Mohamed, who urged him to apply for legal aid in the meantime.
Theophillis Swartz, representing Rashaad Shaik, asked the court to rule that his client’s continuous detention was ”unlawful” and that he be released immediately.
Swartz said Shaik had been arrested on Sunday and had been in custody for more than the legislated 48 hours without the matter reverting to a lower court for hearing, as prescribed in terms of section 15 of the Criminal Procedure Act.
”It is clear that somebody tampered with the time my client was booked in,” claimed Swartz, who handed in a certified police document allegedly showing that the time of Shaik’s arrest had been changed from 2pm to 5pm.
Magistrate Mohamed said the application to release Shaik would be heard later on Wednesday.
The matter was postponed to May 3 for further bail information and all eight accused were remanded to Pollsmoor prison. — Sapa