The Mercury

Victim’s family oppose Ramdass’s acquittal

- Kamini Padayachee

THE family of murdered Merebank woman Ashika Singh have said they want the Director of Public Prosecutio­ns (DPP) to appeal against the acquittal of murder accused Mark Donovan Ramdass.

On Friday Ramdass, who was Singh’s boyfriend, was acquitted in the Durban High Court of the March 2014 murder of Singh and robbery with aggravatin­g circumstan­ces.

Judge Johan Ploos van Amstel said the State had failed to prove that Ramdass had the criminal capacity at the time of the crimes to be held responsibl­e.

A spokesman for the Singh family, Naresh Rampersad, said they were devastated by the judgment. He said the family had asked the state advocate to approach the DPP to find out if the State would consider applying for leave to appeal.

Singh was found strangled in the Merebank home she shared with Ramdass and her mother. Items taken from the home, including car keys and a cellphone, were found in Ramdass’s possession after the murder.

A courtesy car on loan to Singh was found in the Point area, and Ramdass handed himself over to police two days later.

At the start of the trial, Ramdass said in a plea explanatio­n he was convinced that no one but himself could have killed Singh but he could not remember the crime. He said he had drunk alcohol and smoked crack cocaine on the day of the murder.

The court said Ramdass had committed the murder but the onus was on the State to prove he had the criminal capacity to appreciate that his actions were wrongful. The evidence had not supported this and the State had failed to prove its case beyond a reasonable doubt.

The judge said a “puzzling aspect” of the case was motive, because Singh’s mother, Dolly Singh, had testified that the couple were happy and planning to get married.

He also said a relative had testified that Ramdass was not a violent person and this was also confirmed by Dolly Singh.

The judge said he could not find from the evidence that Ramdass had been untruthful and the court had to take into considerat­ion that he had drunk alcohol and smoked crack cocaine.

He said looking at Ramdass’s personalit­y, his intoxicati­on and lack of recollecti­on of the crime, he had establishe­d a sufficient defence.

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