False hijacking claim has tragic consequences for Joburg couple
A JOHANNESBURG businessman admitted in court that he and his wife received a nearly R1.1 million insurance payout after they falsely reported their SUV hijacked during their January 2018 holiday in Durban.
Instead, the husband parked their BMW X5 at the business premises of a friend in Durban, who was not aware of the plan the apparently cashstrapped couple had hatched, while police searched in vain.
However, Nivesh Seevnarayan, a car dealership owner, stood alone when he made his Section 112 guilty plea and received the subsequent sentencing from magistrate Anand Maharaj at the Durban Regional Court on Friday.
His wife, Rashika, overdosed and died days after learning that the specialist investigators working on their case had unravelled their scheme, and her arrest was looming.
Section 112 pleas are made voluntarily and only become effective once the presiding officer is satisfied with the facts and that the accused is guilty.
Seevnarayan pleaded guilty to fraud, defeating the administration of justice and statutory perjury.
Thereafter the National Prosecuting Authority’s Asset Forfeiture Unit (AFU) lodged a confiscation order application in terms of Section 18 of the Prevention of Organised Crime Act, and asked that Seevnarayan pay R50 000. The money will be directed to the Criminal Assets Recovery Account (Cara), which has been set up to aid the country’s crime-fighting machinery.
The three counts that Seevnarayan faced were merged into one and he was sentenced to five years’ imprisonment, wholly suspended for five years, provided he did not repeat the offences in the period of suspension. He was also instructed to pay R50000 to the Cara by March 30.
Initially, Seevnarayan and his wife claimed they were victims of an armed robbery on M4 Highway, near the Sibaya Casino. Seevnarayan told police that he was intoxicated and his wife drove the X5 that was in her name.
Seevnarayan alleged they were hijacked at gunpoint by a small group of men who posed as police officers, travelling in a white VW Golf fitted with blue lights. He also claimed he was assaulted by the men and their valuables, including jewellery worth more than R1m, were taken.
Seevnarayan and his wife would have believed everything was going as planned, especially after Dial Direct paid R1094870 in lieu of the missing vehicle. But a team of detectives from the SAPS KZN’S Provincial Investigation Unit, led by Warrant Officer Rajen Nagesar, picked apart their plan.
With informer assistance, the team tracked the vehicle to Dulesh Roopnarain’s business premises.
Roopnarain has since been charged and convicted for his involvement in a separate matter.
In housing the vehicle, the court concluded he was in possession of stolen property, even though he was not aware of the couple’s plan. He received a R20000 fine.
State prosecutor Advocate Kuveshni Pillay said on Friday that Seevnarayan was a “deceptive person”. His actions were “premeditated”, and it would have cost the SAPS about R200000 in resources to investigate the matter and ensure his court appearance.
“Their time and resources could have been better utilised,” said Pillay.
In mitigation of sentencing, attorney Sunil Singh said Seevnarayan had co-operated with the State from the outset and had pleaded guilty to the charges.
Singh told the court that his client was in poor health, supported a teenage child and had to deal with the death of his wife, as a consequence of their actions.
Maharaj accepted Seevnarayan’s guilty plea on the basis that he took responsibility for his actions.
During sentencing, Maharaj said he agreed that Seevnarayan’s crimes were premeditated.
“You roped in another person (Roopnarain) to facilitate your crimes …
“Your act of dishonesty and deception was found out.”
Maharaj said he considered various factors in arriving at the sentence handed down.
“I can say that you are quite fortunate. Under normal circumstances I would have handed you a custodial sentence.”
The magistrate said he was satisfied with the AFU’S application, led by Advocate Rajendhrie Naidoo, and the money collected would go towards the fight against crime.
“I’m hoping that in paying this amount of money you (Seevnarayan) would have learnt your lesson.”