Accused denies stabbing

2012-06-21 00:00

MURDER accused Nazeer Bux (25) yesterday denied stabbing Mohamed Raheem Vally to death and injuring his brother, Faheez, during a fracas sparked by a dog fight in Northdale on October 29, 2010.

Bux told the Pietermaritzburg Regional Court he was not armed during the incident, in which he claims he was the victim of a severe assault by the Vally brothers. He said he sustained multiple stab wounds to his head and injuries to his left hand.

Bux said any number of people who became involved in the “free for all” that broke out could have killed Mohamed Vally and injured Faheez.

Earlier yesterday, regional court magistrate Sello Maboee refused an application for Bux’s discharge at the end of the state’s case. Bux’s attorney, Anand Pillay, submitted that the evidence of state witnesses who implicated Bux in the stabbing was “most unsatisfactory” and unreliable, and submitted their evidence was replete with contradictions and improbabilities.

However, Maboee agreed with prosecutor Nkonzo Mlotshwa that the state had made out a prima facie case and that Bux should be placed on his defence.

Faheez Vally has testified that he, his brother and friends had been walking along Ginger Road at 9.30 pm when the incident happened.

Vally said he was playing “fetch” with his pitbull when two dogs appeared from the yard of Bux’s in-laws and a dog fight started.

He said he was trying to separate the dogs and put his dog on a leash when Bux drove up, jumped out and swung a dagger at him, cutting him. His brother was stabbed in the chest when he rushed to his aid.

Bux yesterday denied he had had a knife on the night in question. He said he was returning to his in-laws’ home to fetch some keys when he saw a commotion.

“Mr [Faheez] Vally was inciting his dog … He was holding the dog’s jaws open and aggravating the dog. I told him to take his dog and go. He became vulgar and he, together with his brother, began assaulting me.”

Bux said the men had punched, kicked and hit him, and assaulted him with a dog leash, knives and “other sharp objects”.

“I retaliated by kicking and punching. I even threw an object to try and ward off the attack.”

He didn’t know what he threw but it could have been a stone or piece of rubber which he picked up, he said.

The case continues on July 9.

• ingrido@witness.co.za

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