The father of a female accused linked to the disappearance and the murder of British couple Rodney and Rachel Saunders says the detention of his daughter has taken a heavy toll on his health.
Sayfudeen Aslam Del Vecchio, 41, his wife Bibi Fatima Patel, 30, and Malawian Mussa Ahmed Jackson, 35, are charged with kidnapping, robbery, theft and the murders of the couple in the Eshowe area in February 2018. Del Vecchio also faces a charge of malicious damage to property.
The three pleaded not guilty to the murder.
“We are leaving it to the almighty. If they are guilty, justice is justice,” said Mohammed Patel, the father of Bibi Fatima Patel, who attended proceedings at the Durban high court with his partner on Friday.
Despite coming to Durban from Johannesburg, the elderly couple was disappointed as they did not get an opportunity to see Fatima in court.
Last month the state was successful in its bid to have court proceedings continue without the trio who had refused to attend court.
The detained couple still remained defiant about coming to court but Jackson was present on Friday and listened to closing arguments in the case.
When the court adjourned, Jackson was seen animatedly waving to his co-accused’s family seated in the public gallery.
There was a strong police presence inside the courtroom.
Patel said with his daughter being in solitary confinement, it was difficult to make contact with her.
“The last time we spoke to her was three months ago. Even then she had appeared to be in good state of mind,” he said.
Senior prosecutor advocate Mahen Naidu said the state had relied on evidence from the witnesses, legal principles and the assessment of the state’s evidence. He said while there was no witness who gave direct evidence, the state had relied on circumstantial evidence.
The failure of the couple to testify was a cause for concern, he said. “The state has proved a prima facie case against the couple which called for their responses. Their failure to not testify and call witnesses leaves the version of the state unchallenged,” said Naidu.
Naidi said Jackson testified but did not call any witnesses.
“He was a poor witness and his evidence was a pack of lies,” said Naidu.
He argued that when cross-examined on why his evidence had differed from state witnesses, Jackson made excuses as to why he could not answer questions, blamed his attorney for forgetting instructions and the court interpreter.
“The significant aspect of Jackson was him going to great lengths in distancing his co-accused from the crimes,” said Naidu.
This also strengthened any unfavourable inferences. He said the Saunders’ worker, Online Schrick, and Rachel Saunders’ sister, Judith Buchanan, had confirmed that the couple had ventured into Ngoye forest on February 8 2018.
The evidence of Thembamandla Xulu and Nomfundo Mbatha confirmed that Del Vechio and his partner lived in close proximity to the Ngoye forest and that they would occasionally go to there.
“Xulu stated that on the occasion in which Del Vecchio would go to the forest he always had a cane knife with him,” said Naidu.
On February 10 2018, evidence from WhatsApp and Telegram messages had demonstrated that Del Vecchio had encountered Rodney and Rachel Saunders and identified them to be targeted in the forest.
“Del Vecchio’s messages to Patel clearly demonstrate that they formed a common purpose with Patel.
“The download of the device presents a chilling narrative and the motive for the offence. They identified the couple as having financial resources and exploited them for their financial greed,” said Naidu.
He said the couple had met a violent death. Rachel’s cranium was hacked with a sharp cutting instrument.
“... They were injured badly without predation since access was required for their banking app and the cellphones,” said Naidu.
The couple’s Legal Aid attorney Shaheen Seedat argued there was no relatable evidence that the cellphone where WhatsApp messages were retrieved belonged to Del Vecchio.
“There is no evidence linking Del Vecchio to the WhatsApp account or the phone which was allegedly used,” said Seedat.
Jackson’s Legal Aid attorney Patrick Mkhumbuzi argued for his client to be acquitted on the charge of kidnapping, robbery with aggravating circumstances and murder.
He said Jackson had associated himself with Patel and Del Vecchio in using the deceased’s money and as such he was guilty of theft based on his concessions.
Mkhumbuzi said the state was only armed with a few pieces of circumstantial evidence against Jackson.
“When one takes proper scrutiny of the evidence presented by the state, the pieces that the state is armed with do not complete a puzzle,” said Mkhumbuzi.
Mkhumbuzi said Jackson was seen in various shops transacting at the till points and also withdrawing money from ATMs.
“He conceded that upon acquiring an FNB card, he went to do shopping in various malls and ATMs. He conceded that theft is an offence,” Mkhumbuzi said.
Judge Esther Steyn adjourned the matter until April 13 2026 for judgment.
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