A 33-YEAR-OLD SARS tax consultant has been denied bail after being accused of the execution-style murders of a barber and his gardener.

The magistrate ruled Wasim Kudoos failed to prove exceptional circumstances warranting his release, citing the ‘marksman-like’ nature of the killings where both victims were shot in the head.

If convicted, Kudoos faces double life imprisonment.

During his bail judgement in the Chatsworth Magistrate’s Court today (Wednesday), Magistrate S Chiliza said both victims were shot in the head, which was the character of a marksman shooting. 

“This makes the applicant a dangerous person,” she said.

Kudoos, 33, of Mobeni Heights, has charged for the murder of his gardener, Mzikayise Paulos Mabida, 54, and a barber, Mahmudel Sajid, 38.

Sajid was killed at his salon in Summerfield Road, in Bayview and Mabida in the driveway of Kudoos’s home on October 8.

Chiliza said Kudoos failed to prove that exceptional circumstances warranted his release on bail.

“The applicant (Kudoos) failed to deal with the fact that he will not abscond from dealing with his trial. He stated that he has family ties and ties to the community of Durban, and therefore he would not have a reason to abscond from his trial.

“The respondent and the State agreed that this was a Schedule 6 bail application and that the interest of justice permits his release on bail. If he fails this test, then there is no need for the second part of the test.

“The State argued that personal circumstances are not exceptional circumstances. The applicant referred to his personal circumstances, being that he was the caregiver to his sick mother, he was the breadwinner, and that he had suffered a loss of income,” Chiliza said.

“These circumstances cannot be exceptional or peculiar to the applicant. He is accused of killing two people in cold blood. This attracted noise from the community and this was illustrated by the (newspaper) article submitted by the State. The State argued that the community would lose faith in the criminal justice system if the accused is released on bail,” she added.

She said Kudoos failed to prove that exceptional circumstances existed and permitted his release on bail.

“The applicant faces life imprisonment on each count of murder. The investigating officer gave evidence that the applicant is a flight risk, and that he should be denied bail.

“The applicant placed on record that his mother was diagnosed with cancer and he was responsible for her physical and financial care. He submitted his mother’s medical report and gave oral evidence under oath.

“The applicant’s advocate objected to further discussions about his mother’s condition, stating that it was an infringement of the applicant’s mother’s rights to privacy.

“However, the medical report was presented in court by the applicant and became a public document. He also stated that his brother, who is 27 years old and resides in Chatsworth, is married and is a lab technician with one child.

“He said he is the only person who takes care of his mother physically, and drives her to her treatment.

“The court has to observe that the applicant’s mother has been present before court since the matter started before court. Who or what made that possible, if he is the only person taking care of her. The defence argued that the State’s case is based on a single witness.

The State argues that there are three witnesses,” added Chiliza.

She said under cross examination, the applicant was not in a position to answer most of the questions asked by the State.

“Instead, he was telling the court that he cannot remember what took place. That took the court by surprise.”

She said his claims were working against him in the bail application.

“He said that he did not resist arrest, but under cross examination he said he could not recall how he was arrested.

“When he was questioned by the State he said he was unable to answer which parts of his arrest he could recall. The investigating officer testified that he resisted arrest and that he became extremely violent. They had to use force to restrain him.

“If the opportunity presents itself, he will abscond and will not attend his trial. The State said the witnesses are fearing for their lives, and that there was a public outcry. The State further argued that they have a strong case against the applicant and they have three witnesses to testify.”

She said both victims were shot in the head, which is the character of a marksman shooting. 

“This makes the applicant a dangerous person. He said he could not remember when he last touched or used his firearm. His defence initially claimed that he was mentally unfit to stand trial, but at a following court appearance, claimed that he was mentally able to stand trial. 

“The State called for a local district surgeon to examine him and the district surgeon gave a report that he was fit to stand trial and to answer to the charges facing him.

“Why did the applicant allege such, and then abandon this claim later. There is a positive ID of the applicant being involved in the incident. 

“The court is satisfied that no exceptional circumstances exist to permit the applicant’s release on bail in the interest of justice, therefore bail is denied,” Chiliza ruled.

State prosecutor Thamandri Kengan-Narainsamy said investigations were still outstanding.

“We have received the ballistics test results and the prime residue test results. We still need to interview the witnesses and the video footage needs to be sent for analysis,” she said.

The case was postponed for further investigations.

 THE POST

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