Durban - A Chatsworth family is questioning the justice system after their mother's killer was granted bail after serving just three months of his 15-year sentence.
Following an argument in August 2017, Salma and Afzal Sheik were run over multiple times by their daughter's boyfriend, Rayen Chetty. This happened outside their home in Woodhurst.
Salma, 43, who worked at a crèche, died at the scene, while her husband, Afzal, 48, sustained a fractured spine and ribs.
Chetty was arrested and charged with murder and attempted murder. During the trial, that started last year, he testified that family members had blocked his path and he could not drive forward. As a result, he reversed.
Salma was knocked and Chetty drove over her body. Afzal tried to pick her up but Chetty moved forward, going over her body again. He also knocked Afzal in the process. The vehicle went over her body several times before it hit a neighbour’s driveway wall.
Chetty fled the scene and handed himself over to the police two days later. On September 3 this year, in the Durban Magistrate’s Court, Magistrate Sophie Reddy found him guilty of murder and attempted.
She said it was clear that Chetty had the intention to drive over the couple as Salma tried to stop him from driving off with her daughter, Raheesa. Two weeks later, he was sentenced to 15 years in prison.
However, last week the Sheik family found out that Chetty's legal counsel had handed over a petition to the Durban High Court for him to appeal his sentence and conviction. He is out on R50 000 bail.
“We were absolutely shocked,” said Karima Abdul, Salma’s sister. “We prayed and fought for three years for justice and finally we got it in September, only to be told that he is out again. This is not fair. He did not even spend three months of his sentence in prison and he is out.
“We were just finding some sort of peace and comfort but this takes us back again. We need justice. He can't be let out because he has money to spend. We will not rest until we get justice again for my sister.”
Umesh Jivan, a practising attorney and the former president of the KZN Law Society, said Chetty was within his rights to make the appeal for his sentence and conviction.
"An appeal is a normal procedure open to all people found guilty and sentenced. First, he can appeal at a provincial level and thereafter take it to the Supreme Court of Appeal. However, it does not necessarily mean the new judge will offer a more lenient conviction."
Natasha Kara, NPA spokesperson, referred the the POST to the Department of Correctional Services for comment. The department did not comment at the time of publication.
The Post