‘I’m no wife killer,’ says hubby
‘IAM innocent.” That’s the claim of former Clairwood businessman Rajiv Sewnarain, whose 2010 conviction and life sentence for the murder of his wife, Shanaaz, had been set aside.
Pending a new trial, the father of two yesterday asked the Durban Magistrate’s Court to be released on bail.
Sewnarain, who operated his business from Horsham Road, Clairwood, had “confessed” to paying two hitmen R30 000 to kill his wife of 20 years.
They staged a hijacking and Shanaaz was found shot dead execution style in Folweni, on the outskirts of Isipingo. She had sustained three bullet wounds to the chest and neck.
He said at the time his marriage had been “volatile” and fraught with “arguments and difficulties”.
But for the past seven years Sewnarain has maintained his innocence.
Last year, he launched a review application before Judges Achmat Jappie (now KZN Judge President) and Dhaya Pillay in the Pietermaritzburg High Court, claiming he was assaulted by police, forced into making a confession and could not remember pleading guilty.
The matter was set aside for retrial.
On Tuesday, wearing a pair of blue tracksuit pants, white T-shirt and sporting grey hair and a tattoo on his left arm, he was back in court, this time requesting bail from magistrate Anand Maharaj.
Sewnarain’s counsel, advocate Shane Matthews, told the court that his client, after being “forced”, had made the confession at 2pm on December 22 and just 15 minutes later was sentenced to life imprisonment.
He added that the two hitmen had been arrested and had allegedly been assaulted by the police, but the case against them had later been withdrawn.
He said there was no reason why Sewnarain should be denied bail and handed over his client’s passport.
In his affidavit Sewnarain said he intended pleading not guilty.
“I deny in the strongest terms any involvement in this offence… I may add that I am innocent of the charge.”
He said the only implicating evidence against him was the statement which he made to magistrate Anitha Govender.
“The voluntariness and legality of this statement is in dispute. In short, I was forced to make this statement by the investigating officer at the time, one Panday.”
Sewnarain described Govender’s recording of his statement as irregular.
“First, she ignored the fact that I had an attorney who was not present and second, she admits that she did not record all that occurred....”
In a sworn affidavit, Govender said she had an independent recollection of what had transpired in her office between her and Sewnarain.
She said she had explained Sewnarain’s right to legal representation and he had indicated that he had already consulted his attorney.
“The applicant told me his attorney advised him to make a full disclosure to a magistrate and that he should speak the truth.”
Govender said she was of the belief that Sewnarain was indeed anxious to confess.
The statement was made freely and voluntarily while in sober senses, she said.
In the statement, Sewnarain said he and his wife had argued in his office and that a bus driver, known to him as “Boxer”, who had overheard the exchange, told him that he could “take out” his wife.
Sewnarain had said then he was deeply regretful and remorseful.
After the bail application was adjourned for prosecutor Kuveshni Pillay to test the contents of the affidavits submitted, Sewnarain smiled at his family, including his two children.
He said if granted bail he intended finding a job and living with his brother, who has been caring for his children since his incarceration.
In asking to be granted bail, Sewnarain said beatings, abuse and disease was rife in prison and he was afraid of being victimised by fellow prisoners.
“Prison beatings are common, I am not equipped in gang fights.”
He said he could afford R10 000 bail.
At the time of the sentence, Shanaaz older sister, Sandra Baliram, told POST they would never forgive Sewnarain.
Baliram said Shanaaz was a dedicated wife who had undertaken to fast for her husband every month.
“She was extremely dedicated and committed to him.”