“Road-rage” cop maintains he acted in self-defence

The late Kavlin Naidoo



Kavlin Naidoo was shot and critically injured on November 3, 2014, in what the state has alleged was a road rage incident. He died in hospital on November 22, 2014 after undergoing several operations.

Khuzwayo has testified that he shot at Naidoo believing that his life was in danger in what he thought was a hijacking.

His final defence witness Warrant Officer Xolani Zaca, told the court last Friday that he had authorised a statement of attempted hijacking on November 3, 2014, the day Kalvin Naidoo was shot.

State Prosecutor Miriam Aboobaker asked Zaca why the docket of attempted hijacking was registered on November 5, 2014, three days after the incident occurred. Zaca stated there could have been a delay in registering the docket.

The state alleges that the attempted hijacking case opened by Khuzwayo was a cover for shooting Naidoo and driving off, thinking he could not be traced.

During cross examination last Thursday, Aboobaker questioned why the court should believe Khuzwayo’s version of events rather than that of the two eye witnesses, Naidoo’s fiancé Sandhani Padayachee and his brother Davelin Naidoo, who were in the vehicle during the incident.

Khuzwayo said last Wednesday that he was on standby duty on the day travelling to his home in Imbali when a vehicle driving at high speed approached on his left near the Jabu Ndlovu Street and Retief Street intersection.

He said that the vehicle drove into his lane, “hindering” his driving and forcing him to make a dead stop and, allegedly, three men then exited the vehicle. Khuzwayo said he feared for his life as it looked like one of the men was pulling out a firearm. Khuzwayo pulled out his firearm protruded out of the window, fired a shot, and drove off.

He was then “too shaken up” and drove home not reporting the matter to his supervisor.  However, the former policeman maintains that he opened an attempted hijacking docket in connection with the shooting before being ordered to submit his firearm for a ballistics test. He had no knowledge of why the docket was submitted three days later.

Contradicting Khuzwayo’s statement, Davelin, who was the driver of the vehicle, testified that, he overtook a waste truck that was parked on the street when a police van flashed lights at the robots. Naidoo got out of the vehicle to ask Khuzwayo what was wrong and was shot immediately, said Davelin.

Naidoo’s mother Patsy who has sat through every minute of the long-drawn out trial said she was glad the trial was almost at the end.

“My son’s death has robbed us of so much. All we want to see is justice served. This has been going on now for far too long. I’m glad that we almost at the end. I’m praying now for the right decision. I will never get my son back but I hope that justice is served and it will send out a message that a person’s life is precious,” said Patsy.

The matter that was before Magistrate Muntukhayise Khumalo has been adjourned until October 17 for closing arguments.

Bongeka Sibisi

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