INLSA
Lawyer Bashan Naicker leaves the Durban Magistrate Court. Picture: Zanele Zulu
Durban – Bridge crash lawyer Bashan Naicker is a free man again – and he is allowed to drive – after being granted bail on Thursday on “new facts”. He has spent four months in custody for breaking his initial bail conditions.
Naicker, who is facing charges of murder relating to an accident on Durban’s Athlone Bridge in March 2011, made his fresh bid for freedom before Durban magistrate Phumi Shoba last week in an application seemingly kept secret from the families of the crash victims.
Jason Bell, whose wife Gillian, and eight-year-old son Connor, were killed, confirmed on Thursday that he had neither been informed by the State about the application, nor of its outcome.
“We have not heard from the prosecutor since November. They have not kept us informed of this development. My mother has been in court on every appearance and she is devastated,” he said.
“I do not understand how this application was brought. Maybe they took a chance and he got bail.
“But it’s like a person accused of murder being granted bail and being handed back their gun.”
Trevor Martin, father of Jenna and Caylin, who were injured in the accident, said his release was an “absolute disgrace”.
“This is a farce. People have testified that he was drinking and driving and there is evidence that he was speeding. This is a mockery.”
Shoba ruled that it was not in the interests of justice to keep Naicker in custody any longer. She granted him bail of R8 000 and, unlike his previous bail conditions, he will be allowed to drive.
His attorney, Mervyn Maistry, told The Mercury the “new facts” this application was based on were submissions that his client had been in rehabilitation in June, was a member of Alcoholics Anonymous and had not touched alcohol since he was put in custody in November.
“Essentially, we said he had cleaned up his act. He was also being prejudiced because it is very difficult to prepare for his trial while in custody,” he said.
“The State opposed the application, saying he could consult in prison. It was argued that he had breached one of his initial bail conditions and he was not a person likely to follow the rules.”
Maistry said the magistrate had ruled that Naicker had already been punished by his initial bail being forfeited to the state, and keeping him in custody was further punishment before he had even been convicted of an offence.
“We argued that not allowing him to drive presupposed his guilt and the court agreed,” he said.
Prosecutor Vani Govender could not be reached for comment.
Naicker’s bail was cancelled after a seven-month inquiry before magistrate Anita Govender who ruled he had shown “total disrespect and disregard” for his bail conditions by driving on several occasions and, according to one witness, after having drunk alcohol.
During the inquiry before Govender, Naicker also gave evidence about his “rehabilitation”, saying he had attended Narcotics Anonymous meetings, had done the 12-step recovery programme and wanted to “come clean and make amends”.
He said he was preparing for jail and asked for an adjournment so he could consider a plea of guilty. But at his next appearance, no more mention was made of it and the matter was set down for trial next month.
Naicker, who has been disbarred because of trust fund theft allegations for which he has yet to be charged criminally, faces three counts of murder for the deaths of Gillian Bell, Connor, and dance teacher Carmen Hunter.
He also faces attempted murder charges relating to injuries sustained by others in the accident and a host of other charges in connection with reckless driving and driving under the influence. He was first granted bail in April 2011 after offering to hand over his driving licence and promising not to drive.
The Mercury
