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'Mommy, I love you!'
13/07/2007 08:28 - (SA)
Marelize Barnard, Die Burger
Cape Town - A sobbing Najwa Petersen on Thursday slipped on the steps leading to the holding cells under Wynberg Regional Court, after hearing that she'd remain behind bars ahead of her trial for the "barbaric" murder of Taliep Petersen.
"Where is Suleiman? Where is Suleiman?" Petersen called for her son while grabbing on to her weeping family members.
"Mommy, I love you," Suleiman Effendi, 19, called back before he left the court and wept uncontrollably outside. Petersen's legs gave way and people had to grab hold of her to stop her from tumbling down the stairs.
In stark contrast to the life of luxury to which she is accustomed, she was later taken to Pollsmoor prison in the back of a police van.
Has a lot to explain
Regional magistrate Robert Henney refused the bail application of Petersen and a co-accused, Abdoer Raasiet Emjedi. Henney said from what he had heard so far about the State's case, Petersen "has a lot to explain", but that would wait for her trial.
In a curious twist, people were only allowed in court on Thursday if they were in possession of one of a hundred numbered yellow cards, which were divided equally between family members of the slain music legend and those of his wife.
Henney referred to the community's anger, shock and disbelief after the murder. He said the way in which the murder had been planned and the "barbaric" way it was committed, had outraged the community and that it would not be in the interest of their faith in the law for bail to be granted.
Petersen's defence asked that she be admitted for psychiatric observation at Valkenberg psychiatric hospital to determine whether she could follow court proceedings and could be held accountable.
Public prosecutor Advocate Shireen Riley supported the request and Henney asked that Petersen be assessed by a full panel of psychiatrists and a clinical psychologist. Advocate Craig Webster, for the defence, said there was a bed available for her immediately and that she could be taken to Valkenberg from Pollsmoor as soon as possible.
On the extenuating circumstances why Petersen wanted bail, Henney said the widow's psychological condition and the State's ability to treat her while she is in custody formed the essence of her application.
Henney referred to the expert evidence about her psychological condition and said the court did not consider it in isolation, but as part of the total evidence before it. "The accused previously tried to commit suicide when she was in the care of family members. There is no evidence about who will care for her," Henney found.
A danger to herself
He said Petersen is "a danger to herself". She must remain in custody "to protect her from herself" and so that she can stand trial.
Regarding Petersen's reason for release, so that she could take care of her and Taliep's traumatised daughter, Zainub, Henney found that Petersen is "barely able to take care of herself".
She has to get people to look after her, let alone being able to look after her child. It also appears that she was negligent in not ensuring her child's psychological wellbeing after her husband's murder. "And that on the part of someone who can afford it," Henney said.
He believed it didn't add up for someone who truly "has the interest of one's child at heart".
It was further pointed out that the allegations against Petersen and Emjedi are serious, and while not yet tested, the State submitted to the court that it has a strong case.
On the R5.3m that Petersen wanted paid out into a Namibian account, Henney said it was strange that she didn't want the money paid into her two South African bank accounts. All these facts before the court, and the seriousness of the offence, point to the fact that Petersen would try and escape her trial.
The case against the two accused was postponed to 10 August.
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