Prosecutor used hand signals to influence witnesses, claims ISIS-linked couple facing double-murder charges

The Islamic State-linked couple charged with the murders of British botanists Rodney and Rachel Saunders have claimed the prosecutor used hand signals to influence state witnesses to change their evidence.

This is according to affidavits by Sayfudeen Del Vecchio and his wife Fatima Bibi Patel in their bid to have prosecutor Mahendra Naidu removed from the trial being heard by judge Esther Steyn.

The pair is standing trial along with Malawian Ahmed Mussa Jackson for the 2018 kidnapping and murder of the couple. The trio also face charges of robbery with aggravating circumstances and malicious damage to property.

In November, Del Vecchio and his wife asked that Naidu recuse himself from the trial. Earlier this month they brought an application for his recusal and also asked that the application be heard before another judge.

However on Monday, Steyn ruled she would preside over the matter.

In his affidavit Del Vecchio referenced evidence by state witness Thembamandla Kwanele Xulu. He said when Naidu had asked Xulu: “OK, while we are on the issue of cellphones, did you know or see what cellphones, did you see what Sayfudeen and Jackson would use on a normal day,” to which Xulu responded: “Cha”, loosely translated as 'no' in English.

He said soon after Xulu went to the toilet and afterwards told the court Del Vecchio had used a Galaxy while Patel used an iPhone.

“It is for that reason I drew the inference that Naidu used hand gestures and Xulu understood these hand gestures to mean he must as to go to the toilet to be thereafter schooled by the investigating officer to change the negative answer,” said Del Vecchio.

He concluded that Naidu had breached the National Prosecuting Authority''s code of conduct and the accused's rights.

The allegations were refuted by advocate Pingla Hemraj, who has been brought in as prosecutor in the recusal hearing.

She said the allegation of bias did not hold water as there is no particularity as to which of the witnesses is being referred to in the circumstances, with 48 witnesses having testified.

“The defence had access to copies of the statements of the witnesses and it was open to the defence to cross examine on those alleged inconsistencies,” said Hemraj.

She said the state also felt if there were minor discrepancies, they were not in the nature of contradictions which would require the witnesses to be discredited.

Hemraj also dismissed allegations of conspiracy involving the previous judge Sharmaine Bolton who recused herself.

“The transcripts of that proceedings was available and the applicants were at liberty to substantiate their allegation by reference but they failed to do so,” said Hemraj.

Hemraj said the delay in bringing the recusal application reflected adversely on the couple.

She recalled a preservation order had been instituted as far back as October 2022, which preceded the start of the trial in April 2023. The allegations advanced by the applicants appear to have taken place in April and May 2023.

“This application was launched in November 2023, some seven months after the alleged gesturing instances and more than a year after the preservation order,” said Hemraj.

Steyn adjourned the matter until Monday when she will deliver her decision.

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