‘Long road ahead’ after acquittal
RAYEN Siveshan Chetty, who was previously convicted for murder and attempted murder, intends on starting his life afresh.
The 27-year-old of Mobeni Heights was recently acquitted of all charges in the Durban High Court. His conviction and 15-year sentence were set aside.
In September 2020, Chetty, who worked in the shipping industry, was found guilty and sentenced for the murder of Salma Sheik, 43, and the attempted murder of her husband, Afzal Sheik, 48.
The court at the time had found Chetty guilty of knocking into his then girlfriend's parents following a dispute at their home in Woodhurst, Chatsworth, in August 2017.
Following his sentencing, Chetty, via his legal counsel, handed over a petition to the Durban High Court to appeal his conviction. In December 2020, he was released on R50 000 bail pending his appeal being heard. The appeal was heard before three high court judges, who ruled that the conviction be set aside on February 10.
Chetty said he cried when he heard the ruling.
“I thought finally I was being treated fairly and that justice was served. All the questions that played on my mind about the evidence that was given in the initial trial, some of which were taken and not taken into consideration, were finally answered in the judges’ ruling.
“They also found that there were contradictions in several State witnesses’ testimonies and evidence when compared to each other’s, and their police statements, whereas I relayed the same account throughout – from my police statement to my evidence.
“But, most importantly, the judges found that crucial medical evidence was not even taken into consideration. They said that from the evidence, I was the one under attack and acted in a way that any person in danger would have.”
Chetty said during the initial trial and thereafter, he felt defamed.
“People made assumptions based on what they read. Nobody knows the trauma I went through that night as I tried to get away from being attacked. I had to get treatment at the hospital for my injuries. I did not do anything to harm anyone else. I just wanted to get out of a life-threatening situation where I could have died.
“I was also heartbroken to learn that an innocent person (Salma Sheik) had died. I loved and respected her and vice versa. She took me as her son, and she was like my mother. It broke me. She and her daughters had, in fact, tried to shield me when I was being assaulted by their relatives.”
Chetty, who spent 100 days in prison after his sentencing, said: “Prior to the sentencing, I had an operation to remove a large abscess. I used crutches throughout the judgment and sentencing. My mum had to dress my wounds when I appeared in court. It was embarrassing to be exposed in such a manner.
“Throughout my life, I was always on the right side of the law. But I found myself in the maximum prison with the hardest criminals for a crime I did not commit. I was terrified every day and night. I couldn't even eat and lost a lot of weight.”
He said since the incident it was not easy for his family to pay the legal fees.
“My mum had to work long and extra hours to pay the fees, and my grandparents assisted. I am grateful to them. But now, if you Google my name, you will see my picture with the words ‘Gangster in Chatsworth'. That hurts as it is not true. I was well-known and respected prior to the incident. I have since lost my respect, my dignity, my job, my car, and so much time where I could have built a life.
“I have a lot of healing to do. I have sought medical treatment and was diagnosed with post-traumatic stress disorder, and I am currently getting counselling.
“Regardless of this, I am preparing my CV to apply for jobs so I can help my family while I wait for my criminal record to be cleared. That is important. Otherwise, no one would employ me. It is definitely going to be a long road ahead.”
His mother, Shola Chetty, said: “It won’t be easy, but my son will finally be able to move on. Words fall short in describing how traumatic these past four years have been. It was emotionally
and financially draining. All we wanted was for the truth to prevail, and after a long and difficult journey, that finally happened.
“However, we were and are still saddened that an innocent life was lost. My family and I had an amazing relationship with the deceased, and she loved my son like her own.”
Natasha Ramkisson-Kara, the spokesperson for the National Prosecuting Authority in KZN, said: “I can confirm that he was acquitted as the conviction was set aside.
“The appeal court found that the trial magistrate erred by ignoring material contradictions in the State's case, in finding that the accused didn't act in a state of emergency and in finding that the injuries the deceased sustained were consistent with the version of the state witnesses.”