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Cocktail killer accused freed

‘Prison was difficult but I’m ready for a clean slate’

JANINE MOODLEY janine.moodley@inl.co.za

MEGAN Doorasamy, the man accused of killing his wife by giving her a poisonous cocktail of anti-freeze and cranberry juice, is looking forward to his newfound freedom.

The 31-year-old former truck driver was acquitted of all charges in the Durban High Court on Thursday. This followed a Section 174 application by his defence counsel, advocate Gugu Gumede, and instructing attorney Oscar Nzimande.

Gumede argued that the State’s case was weak and that it lacked prima facie evidence. Under Section 174 of the Criminal Procedure Act, an accused has a right to a discharge should there be no evidence against him.

Judge Rashid Vahed subsequently ruled in favour of the application and discharged Doorasamy of murder, defeating the cause of justice, and theft.

Doorasamy had been an awaiting trial prisoner at Westville Prison for two years. He was arrested in July 2019 after Devashnee Naidoo, a 30-year-old former teaching aid at Clarence Primary School, was found dead in their one-bedroomed Morningside flat.

It emerged during the trial that the unemployed couple, who married on SABC 3’s reality wedding show, Married in A Flash, in November 2017, made a suicide pact due to financial difficulties.

The State, represented by senior State advocate Krishen Shah, submitted that Doorasamy unlawfully and intentionally killed Naidoo on or about June 30, 2019, and her death was premeditated.

He put forward that Doorasamy made a concoction of antifreeze (an engine coolant) and cranberry juice, which he forced Naidoo to drink before he consumed it. When Doorasamy woke up, he found Naidoo had died.

Instead of reporting the death to authorities, he kept her decomposing body in the flat for four days and pawned her Huawei cellphone for R200.

On the fourth day, after he failed to drown himself at North Beach, he walked to the satellite police station and handed himself in. Officers then drove to the flat and found Naidoo’s bruised body on the bedroom floor.

When making his decision, Judge Vahed factored in multiple submissions of the couple’s financial situation as well as Doorasamy’s willingness to offer information freely. He also considered the pathologist’s evidence.

Dr Vongani Baloyi, the pathologist, changed her findings during the trial. She ruled out blunt force injury as a cause of death as she initially reported.

She found that Ethylene glycol (an active ingredient found in antifreeze) was the only factor that played a part in Naidoo’s death.

Judge Vahed said Doorasamy gave information to Warrant Officer PD Naicker at the satellite station, voluntarily and spontaneously. In Naicker’s evidence, he spoke of how Doorasamy arrived at the station drenched and out of breath. He told Naicker he needed help and that he wanted to kill himself.

“He said he and his wife were having financial difficulties and their rent went unpaid for a long time. They had asked their families for help but that help was not forthcoming,” said Judge Vahed.

He said the crux of the State’s evidence was from Sergeant Princess Kunene, who responded to the scene.

Kunene said on arrival, she noticed Doorasamy’s clothing was wet, that he had sand on his pants. She also noted upon inspecting Naidoo’s body, no open wounds were found.

Judge Vahed found that Kunene failed to notify Doorasamy of his rights before questioning him.

“Her entire conversation with Doorasamy unfolded in the absence of any warning of self-incrimination. After examining the deceased’s body, Kunene ought to have held the view that Doorasamy was a suspect at that stage. As a possible suspect, Kunene ought to have cautioned him to remain silent.”

Judge Vahed said the facts were that the couple was in financial difficulty and were desperate. He said they made the decision together and drank the cocktail together. He said that after finding that his wife had died, Doorasamy could have been confused, in shock, and he did not know what to do.

Judge Vahed said the situation the couple found themselves in, was best explained when one examined photographs of their flat.

“It is often said that a picture paints a thousand words. When one looks at the photographs of the inside of the flat, Doorasamy and the deceased were in a state of abject poverty. Their conditions demonstrated acute desperation …”

After judgment was pronounced, Doorasamy’s mother Vani and sisters, Trinesha and Ramanie, became emotional. “A lot of things were said about our brother, so we are glad that his name is finally cleared,” said one of his sisters.

On Monday, Doorasamy told the POST via Nzimande: “It brought tears to my eyes to be able to give my mum and sisters a big hug.”

He said his initial reaction was fear when listening to the judgment.

“But after the charges were dismissed, a sense of excitement and relief overwhelmed me.”

He said being free felt like a dream. “To be able to see the sky and feel the sun on my skin is amazing. It made me realise how much we take the little things for granted.”

He said he felt robbed of two years of his life.

“One of the reasons I was denied bail was that I was a suicide risk. But by then, I had been in prison for more than three months. If I wanted to kill myself in prison, ropes, blades and pills are easily available.”

He said prison life was difficult. “I hated every single day. Day in and day out, you are treated worse than an animal. For the first month, I hardly ate any food and as a result, I lost over 30kg. The sugar you are given for breakfast is rationed. You have to pick if you want the teaspoon in your tea or porridge.

“The two meals we got in prison were rationed and undercooked. The last meal for the day is at 2pm. From April, I put myself on a vegetarian fast. I ate only porridge and bread for three months.”

Speaking about his wife, Doorasamy said: “I would like people to know that she has left me broken. I gave up everything for her. We started dating from 2015. In 2017, we moved in together. That same year we got married. Then in 2019, she passed away … Of course, I have remorse for what happened. She was my first true love and the love of my life. That’s is why we decided that suicide would be best for us.”

Doorasamy said he would use his newfound freedom to start on a clean slate.

“I have no other option but to go back to the drawing board and start off fresh. I will be looking for employment to start my second lease on life.”

Naidoo’s sister, Jay, said she could not understand how Doorasamy was acquitted.

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2021-06-23T07:00:00.0000000Z

2021-06-23T07:00:00.0000000Z

https://thepostza.pressreader.com/article/281500754214788

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