Nomonde Zondi | Published 25 minutes ago
A woman who describes herself as a criminologist has urged the Durban High Court not to impose life sentences on the killers of renowned British botanists Rodney Saunders and Dr Rachel Saunders, stating that they have suffered psychological trauma and solitary confinement while in custody.
Samantha Naidoo, a South African currently living in the United Kingdom, testified virtually on Friday during sentencing proceedings involving Bibi Fatima Patel, her husband Sayefudeen Aslam Del Vecchio, and Malawian national Mussa Ahmad Jackson.
The trio was convicted of murdering the Saunders couple in Eshowe in February 2018.
The bodies of Rodney and Rachel Saunders were later discovered near the Tugela River in an advanced state of decomposition, with some remains having been partially consumed by animals.
An initial post-mortem examination was unable to determine either the cause of death or the sex of the deceased. The remains were eventually identified through dental records by a forensic dentistry specialist.
Naidoo told the court that she previously worked as a regional manager for the Judicial Inspectorate for Correctional Services, where she conducted oversight visits at prisons.
She said she holds qualifications in international relations and diplomacy, an Honours degree in international relations, and a Master’s degree focused on solitary confinement within the criminal justice system. She also told the court that she is currently pursuing a PhD on solitary confinement in South African prisons.
In her sentencing report, Naidoo said Patel was experiencing chronic trauma after her conviction. “She now prays for the victims’ family,” Naidoo testified.
She told the court that during a visit to Patel at Westville Prison, she found her segregated from other inmates.
“She exercises in the corridor of the wing where she is housed, and her cell is very cold, and the walls are not painted,” Naidoo said.
Regarding Del Vecchio, who is incarcerated at Ebongweni Super Maximum Prison, Naidoo testified that he was confined to a small, cold cell with a high window that could not be opened.
“There is no natural air,” she said.
Naidoo further testified that inmates at the facility spend most of their time in solitary confinement and are typically allowed out of their cells for just one hour per day.
She said Del Vecchio had complained about the quality of food, water, medical care, and the constant lighting in the prison.
“He appears to be traumatised and feels like he lives in a fantasy world. He feels that the State has subjected him to social death.”
Naidoo also testified that Jackson was showing signs of psychological distress.
“He sees animals and different people. It is an indication of mental decline,” she told the court.
She argued that the court should take into account the time the trio spent in custody awaiting trial, as well as the conditions under which they were incarcerated.
According to Naidoo, the accused had spent more than 3,000 days in what she described as solitary confinement, which she argued was unlawful.
She submitted that these circumstances constituted substantial and compelling reasons for the court to deviate from the prescribed minimum sentence of life imprisonment.
Naidoo further suggested that each day spent in solitary confinement should effectively be treated as three days for sentencing purposes.
During cross-examination, senior State advocate Mahen Naidu questioned Naidoo about her qualifications.
Asked whether she held a degree in criminology, Naidoo said she had studied law. She also confirmed that she does not hold qualifications in psychology or psychiatry.
When pressed on what entitled her to describe herself as a criminologist, Naidoo said she had completed criminal law modules as part of her studies.
“I will argue that you do not have a legal degree. You say you are a criminologist, but I do not see that anywhere in your CV,” advocate Naidu put to the witness.
Naidoo rejected the criticism.
“This feels like an attack on my character. The State is referring to tactics of poisoning the well. I do not agree with this line of questioning. I believe I have the experience by treating prisoners as human beings,” she replied.
The sentencing proceedings will continue on June 29.
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