Ex-murder accused turns witness

A FORMER murder accused, who turned State witness, gave his account of the assault that led to the death of a KwaDukuza taxi conductor in 2017.

Dillon Puckree, 24, of Glenhills, was allegedly punched and repeatedly kicked by a group of men outside a sports bar in KwaDukuza on September 9, 2017. Puckree later died in hospital.

Preston Naidoo, 28, who turned State witness, previously faced a charge of murder. He pleaded guilty to assault with intent to do grievous bodily harm, in January last year.

In October last year, Naidoo was sentenced to three years in jail. The sentence was suspended for five years, on condition that he was not convicted of a similar offence.

He also received three years’ correctional supervision. This entailed 16 hours of community service a month, and the court ordered that he complete a list of programmes – anger management, social responsibility and an orientation programme, at his own expense.

This week, he testified against former co-accused Ruvaal Mudali, 26, and a third accused, in the Durban Magistrate’s Court. The third accused, now 21, was a minor at the time. The co-accused, charged with murder, are also from KwaDukuza.

During his evidence in chief on Monday, Naidoo said that on the day in question he, his two former co-accused and another person (not charged in the matter) went to Stanger Manor to get food and planned to go to a bar. While they were near the bar, he met a person known to him. Puckree was in the man’s company.

Naidoo said that while speaking to the man known to him, Puckree and the minor argued. He said Puckree slapped the minior who, in turn, retaliated.

Puckree proceeded to the bar, returned shortly thereafter and challenged the minor to a fight.

Naidoo said he attempted to tell Puckree that the minor was only 17 and that he should not fight with him. He said Puckree did not listen. This resulted in Naidoo punching Puckree, who fell.

He said Mudali and the minor began assaulting Puckree who was, at some stage, kicked.

“He (Puckree) flew over me and landed in an open gravel area.”

Naidoo said that while Mudali was on top of Puckree and hitting him, he tried to pull Mudali off.

“I told him to stop, ‘you’re going to kill him’. His words were, ‘F*** him. Let him die’.”

Mudali and his co-accused, who pleaded not guilty, are represented by senior advocate Christo van Schalkwyk.

During cross-examination, Van Schalkwyk asked Naidoo why, in his statements to police, he did not mention that Puckree was catapulted. He also questioned Naidoo about the amount of alcohol he consumed that evening.

Naidoo said he had a few drinks and that he consumed two bottles of Smirnoff and Redbull with Mudali, the then minor and two other friends.

Van Schalkwyk further questioned Naidoo on why he never mentioned that he was drinking, in his police statement. He responded that no one had asked him.

He told Naidoo that what could be taken from his evidence, was that he was drunk, and could not give a clear account of the events that transpired. However, Naidoo denied this.

Van Schalkwyk also put it to Naidoo that other witnesses said he was the aggressor.

“You were the aggressor, you were in a fighting mood that night even before the incident in question.”

He said a witness had said that Naidoo

swore and pushed him while waiting in line to order food. Naidoo, however, said he (the witness) was confused and that Mudali had in fact pushed him.

Flora Umoetoa, a senior medical doctor at the Stanger Hospital where Puckree was admitted, gave evidence on his injuries and treatment on Tuesday.

Umoetoa said she did not treat Puckree, but had to read the notes of the doctors who treated him in order to request a post-mortem. She said the doctors were no longer at the hospital.

Umoetoa said that according to the notes of the casualty doctor, Puckree sustained a severe head injury, facial bone fractures and his teeth were loosened. He needed urgent neurosurgical intervention but he did not meet the criteria to be moved to the Inkosi Albert Luthuli Central Hospital.

“According to the doctor’s notes, his glaucoma score was 4 out of 15. He was too sick and did not meet the criteria. He was not fit enough for neurosurgical intervention.”

When asked by Desiree Boyang, the State prosecutor, if anything more could have been done to save Puckree, Umoetoa replied “no”.

“The trauma to his brain was too severe. It was irreversible.”

During cross-examination, Van Schalkwyk told Umoetoa that she was simply relying on the notes, which could be wrong. He also questioned whether the injuries to Puckree’s head could have occurred while he was being transported to the hospital.

Van Schalkwyk said it could not be excluded. Puckree was lying in the back of a bakkie while being transported and that he could have injured his head while rolling around.

However, Umoetoa said Puckree’s injuries were too severe for that to be possible.

The trial continues. Both accused are out on bail.