The family of a Chatsworth man, who was brutally tortured and murdered, is calling for legal assistance to reopen his case after three suspects walked free.
Kumarasen Trevino Naidoo, 27, was allegedly kidnapped from Road 721 in Montford on November 5, 2023, and taken to Silverglen, where he was brutally beaten with a cricket bat and spade.
He was allegedly forced to drink petrol and when that failed to kill him, he was necklaced.
A resident went to his rescue and tried to douse the flames with a towel before calling for an ambulance.
Naidoo, 29, of Montford in Chatsworth, sustained burns to his face, chest and hands. He died in hospital on November 23 from septicemia.
At the time, Naidoo’s aunt, Pastor Doreen Govender, claimed he was addicted to sugars and would steal to support his habit.
"He had previously stolen a sound system from a taxi and a case of theft was opened against him. A few months ago, he was arrested and the Chatsworth Magistrate's Court sentenced him to six months imprisonment at the Westville Prison for robbery. He was recently released after serving four months of his sentence."
She said Naidoo had told her that on the day of the attack, he walked past the same taxi and looked inside.
She claimed Naidoo was forced into the taxi.
"They stopped in an isolated area in Silverglen and got out of the taxi. Kumarasen was forced to drink petrol and when nothing happened to him the owner of the taxi told the men to place the tyre around his neck, pour petrol on him and set him alight. The owner also told the men to phone him when the job was done."
At the time, three men, Sholan Sewpal, 38, Harold Chris Soobramoney, 39, and Thavanadhren Nair, 37, were arrested at the scene and charged for attempted murder.
The charge later changed to murder when Naidoo died.
The charges were recently withdrawn in the Durban Regional Court.
Their attorney, Shireen Soobrathi, said: “There was no evidence for the State to proceed with the case and the charges were withdrawn. The evidence was not enough to secure a conviction.”
A police source, who is not allowed to speak to the media, alleged Naidoo had been held captive for over five hours and was tied up while he was tortured.
“When the suspects set him alight, the rope must have burned and he was able to free himself and run for help. A couple who operate a tuckshop nearby saw him running and screaming. They gave him a wet towel and called the police.
“When police arrived, Naidoo pointed out the perpetrators and they were arrested on the scene. All the evidence, including the rope, the cricket bat, the spade and the radiator was found at the scene. The petrol canister was also seized. We cannot understand how the case was closed despite all this evidence,” he said.
This week, Pastor Doreen Govender, said she was heartbroken as she sat in court and watched the alleged suspects “jump for joy” when the case was closed.
“I was also confused because I had received a subpoena from the court and was told that it would be a 10-day trial. But in court we were told there was a lack of evidence.
“I was called to be a witness but the case was not even heard. My nephew, even though he could barely speak due to his injuries, recalled what had happened to him and named the people who did it while he was in hospital. I have footage of him giving us the details of how they tortured him. How can the photographs and videos, and all the other evidence the police collected, amount to hearsay?” Govender asked.
“People went to the hospital and told my nephew to drop the case. They said they would pay him R200 000. But he refused. They told him they would pay the doctors and nurses to kill him,” alleged Govender.
“My sister, who is 62, has been psychologically ill since her son’s death. At his funeral, she did not know it was her son in the coffin. The trauma of seeing her son suffer, and then die impacted her.
“We are angry and disappointed. This is not right. It’s an injustice. I cannot understand how this case was closed.
“When my nephew gave his statement to the police, he could not even hold the pen properly due to the injuries and burns on his hands.
“We are looking for an attorney to help us reopen the case. We need the public's assistance to stand against this barbaric act. If anyone had witnessed the torture of my nephew, we appeal to them to come forward and give evidence and to be witnesses. Today it was our child, and tomorrow it could be another child.
“Even if my nephew did steal, or he did do something wrong, they should have hit him to a limit, and then taken him to the police station and locked him up. Why did they burn him? Why did they hit him so badly and force him to drink petrol? This happened on Guy Fawkes Day. My nephew was their human Guy Fawkes. They need to be held accountable,” she said.