Family’s prosecutor row delays murder trial

THE prosecutor handling the murder case of Faieka Esop Ali has been removed because the woman’s family did not trust him and suspected foul play.

This emerged in the Durban High Court yesterday when an e-mail sent by the family to the Director of Public Prosecutions (DPP) in KwaZulu-Natal to have State advocate Dorian Paver withdrawn, was the subject of discussion.

As a result of this e-mail, advocate Sandesh Sanker, Paver’s supervisor, told Judge Kate Pillay he made a snap decision to withdraw Paver and requested an adjournment until January.

He said he had to find someone experienced to take over because this was not “a run-ofthe-mill trial”.

Ali was allegedly killed by Durban businessman, Sateesh Isseri, on February 9, 2007.

Her body was never found and the State alleges Isseri killed Ali “in circumstances unknown to the State”.

According to the indictment, Ali and Isseri were in a relationship which allegedly soured, with Ali apparently telling him she no longer wanted to be with him.

On February 9, 2007, Isseri went to Ali’s home, took her in his car and this was the last time she was apparently seen alive.

The trial had been expected to begin yesterday, but Sanker told the court the State could not proceed.

“Initially, there was a breakdown in communication between advocate Paver and the investigating officer. This was not a major stumbling block. However, I had to deal with an e-mail sent to the DPP’s office.

“In essence, the family of the deceased said they don’t trust advocate Paver and suspect foul play. This happened about three to four weeks ago and I withdrew Paver,” said Sanker.

Pillay had felt prosecutors should not be removed on a whim because it resulted in situations, such as the one now before her, where there was no prosecutor for the trial.

Clients

Sanker said: “I looked to the future and if my customers or clients are not happy with advocate Paver, they would not co-operate with him as State witnesses. I informed Isseri’s attorney, Anand Nepaul, who had requested a copy of this e-mail, that I could not do so until a prosecutor has been appointed.”

He explained that at present the prosecutor he appointed, senior advocate Kalvin Singh, was busy with trials, and January 30 was the earliest date the State could accommodate the trial.

Advocate Adrian Collingwood, instructed by Nepaul, referred to the code of conduct and said Sanker was wrong to call the deceased’s family the State’s clients or customers.

He argued that a complainant or deceased’s family could not decide who the prosecutor should be in a matter.

“It is not their decision to make,” he said.

He also argued that according to the code of conduct, a prosecutor was required to act with impartiality.

Collingwood also said the State’s application was fraught with irregularities. He then referred to their application for further particulars which the State had not responded to and now there was a situation where there was no prosecutor.

Pillay then ordered that Isseri return to court next month to finalise the defence’s request for further particulars. She adjourned the matter for trial on January 30. noelene.barbeau@inl.co.za

@noeleneb