Al-Qalam 
The intriguing murder case of Fatima Patel and her husband Sayfudeen Aslam Del Vecchio, accused of murdering and robbing a British couple near Mtunzini in 2018, is back in court, reports Nabeelah Shaikh.
The couple, accused in the 2018 murders of British botanists Rodney and Rachel Saunders, have claimed that they were abused and tortured throughout their prolonged detention at Westville Prison.
The Saunders couple were murdered at Ngoye forest, 16km from Mtunzini while searching for rare seeds when they were allegedly attacked by the trio.
Sayfudeen Aslam Del Vecchio, 41, and his wife, Bibi Fatima Patel, 30, have been in custody for over five years, facing serious charges, including kidnapping, murder, robbery, and malicious damage to property. The couple and their Malawian co-accused, Mussa Ahmed Jackson, 35, have been on trial in the Durban High Court, where their legal team has recently filed an application seeking to halt the prosecution and secure their release from what they describe as inhumane conditions.
There were multiple delays in the start of the trial due to a number of factors including the initial judge (Sharmane Bolton) recusing herself from the case in 2022. There was also another delay because an application was brought by Del Vecchio and co to have the prosecutor removed.
In filed papers, the accused claim they’re being tortured and have been in unlawful solitary confinement for approximately 2,040 days. Their case stems from the tragic deaths of Rodney and Rachel Saunders, a British couple who were allegedly attacked in northern KwaZulu-Natal before their bodies were disposed of in a crocodile-infested river.
The state alleges that the trio not only committed these heinous crimes but also stole approximately R734,000 from the victims’ accounts.
The state first claimed they had links to ISIS. They were initially charged under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, but those charges were later dropped.
Their ongoing criminal trial has dragged on for more than a year. In their application, the accused assert that the significant delay in the trial is prejudicing their ability to prepare an adequate defence, and they’ve been impacted mentally, physically and emotionally.
“We could not think clearly in court, make preparations for the trial and hence, could not give proper instructions to our attorneys,” they stated. In a recorded interview with Del Vecchio, heard by Al-Qalam, he describes the conditions of his confinement.
“We are under solitary confinement. We have no hope in the courts. We cannot face the court because they are torturing us every single day. Our trial has been totally unfair,” he alleges. Del Vecchio further recounted specific instances of alleged torture.
“Four or five officials came into my cell; they stripped me naked, beat me up, and chained me. They poured water all over me and made me sleep in the water. I was shivering the whole night. My lawyer was prevented from seeing me on that day and I just gave up. This is not about the pursuit of justice; this is about taking revenge on us without a fair trial. This case is personal to the judge,” said Vel Decchio.
Patel also provided her account in a confirmatory affidavit, revealing the toll her incarceration has taken on her family and her health.
She is the youngest daughter of Moulana Muhammad Patel, a pensioner who has faced severe health declines during her detention.
“He is extremely ill, and his health took a turn for the worse when I was incarcerated as he loves me dearly as I am his ‘baby’. He is extremely upset that I have been charged in the matter and that I was not granted bail,” Patel stated.
Patel says her detention also led to her mother’s death.
“I was not allowed to attend my mother’s funeral. This was a terrible blow and tragedy in my life and my father’s life. I was extremely sad that my situation being incarcerated had contributed towards the deterioration of her health, which resulted in her death,” she said. Patel describes her solitary confinement conditions in shocking detail, stating she was treated as a high-profile, high-risk prisoner.
“Part of my conditions are that I am not allowed to interact with any other offenders at Westville Prison. I cannot talk or interact with any other prisoner. For 23 hours out of 24 hours a day, I am kept in my cell. I have not been outside in the sunlight for six and a half years,” said Patel.
Patel alleged that her treatment includes a lack of medical care and humiliating strip searches.
Their matter is continuing in the Durban High Court. They are being represented by attorney, Shaheen Seedat.
