Northdale man wins murder appeal

2014-07-30 00:00

A NORTHDALE man has won his high court appeal against his conviction and 10-year jail sentence for murder and assault.

In 2012 regional court magistrate Sello Maboee found Nazeer Bux (27) guilty of the murder of Mohamed Vally and assault with intent to do grievous bodily harm to Vally’s brother, Faheez.

Vally was stabbed during an altercation sparked by a dog fight on October 29, 2010.

But this week the verdict was overturned on appeal by high court judges Yvonne Mbatha, Isaac Madondo and King Ndlovu.

The ruling was welcomed by Bux’s attorney, Anand Pillay.

“Our client had always maintained his innocence,” he said.

Judge Mbatha said the case against Bux was not proved beyond doubt.

“In my view the actual perpetrator was not properly identified due to the unreliability of the state witnesses,” the judge said.

She said the trial court failed to take into account that the relationship between Bux and the state witnesses had been strained before the incident, which led to the fracas and the death of the victim.

Further Bux was also injured on his hand and head, indicating the presence of dangerous weapons during the fight that took place at night.

According to evidence at the trial, an altercation broke out when Vally’s brother tried to separate dogs involved in a dog fight outside the house where Bux’s in-laws lived in Ginger Road.

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