Mental health flagged for accused who ‘torched family’
THERE were concerns over the mental health of the 57-year-old Phoenix man alleged to have killed his family by setting them alight in their home.
This was brought to the attention of the Durban High Court yesterday, where Kista Sergie Chetty appeared on five counts of murder, six of attempted murder, and a charge of arson.
He is charged with the 2021 murders of his wife, Elisha Naidoo, 39; his Jadene, 13; his son Jordan, 9; daughter Aarav, 8; and son Aldrin, 3.
His Legal Aid counsel, R Marimuthu, clarified what happened on Tuesday when Chetty appeared with no legal representative.
He said one representative had been allocated, and had gone to Westville to consult Chetty prior to Tuesday, but when he arrived to deal with the matter in court, it had already been called.
“I’ve spoken to family members. There’s a concern over the mental health of the accused, which may warrant some assessment by trained individuals.”
He added that there had also been some difficulty consulting with the accused as a result.
Chetty, asked whether an attorney had paid him a visit in prison, said one had and asked for his sister’s address, saying there was no consultation.
However, Marimuthu maintained that the allocated counsel had consulted with Chetty in prison.
The matter was then adjourned to next Thursday for a pre-trial conference to ensure that the case was trial ready.
“This is also to ask you certain things so that the matter can be set down for trial,” said Judge Thoba Poyo-dlwati.
At the time of the murders in November 2021, the family had been living in a room they rented at a house on Kidstone Place in Phoenix.
According to the State, Chetty’s brother-in-law, Deon Naidoo, and his family also lived in this house, leading to the six counts of attempted murder in relation to Naidoo and his family, which included four minor children.
It is alleged that on the day before the murders, Chetty was chased away from the house after he had allegedly been violent towards his wife and her brother. The man is alleged to have continued to harass the occupants of the house, wanting to be allowed back in.
His daughter Jadene, now dead, allegedly opened for her father in the early hours when his family were asleep in the room they rented, and Naidoo’s family were asleep in the lounge.
The State’s substantial facts in the matter are that Chetty decided to kill the occupants of the house: “He used an accelerant and ignited a fire in the bedroom, after which he fled the scene. The bedroom and adjoining rooms were gutted, and all five deceased were burnt.”