Crime

Complainant Tells How Padyachi Allegedly Tried To Drown Her In Pool, Padyachi Remanded

Justice Morais said mere suspicion was enough for him to cancel Padyachi’s bail as it was a violation of bail conditions.
20 Nov 2019 14:15
Complainant Tells How Padyachi Allegedly Tried To Drown Her In Pool, Padyachi Remanded
Rajiv Padyachi outside High Court in Suva on November 19, 2019. Photo: Ashna Kumar

The High Court in Suva has cancelled the bail for a soldier who is charged with one count of attempted murder.

Rajiv Krishnan Padyachi, 30, appeared before Judge Justice Chamath Morais yesterday at the High Court in Suva for his second day of trial.

Padyachi is alleged to have attempted to drown his 35-year-old partner while swimming at a Colo-i-Suva pool after they agreed to go for an early morning swim on September 15, 2018.

A team of Police officers heard the woman’s cry for help and managed to save her and arrest Padyachi. The complainant suffered injuries during the alleged incident.

Padyachi was represented by lawyer Gavin O’Driscoll while State was represented by Shirley Tivao, Sheenal Swastika and Yogesh Prasad from the Office of the Director of Public Prosecutions.

Trial day two:

In court yesterday, the complainant, during a cross-examination, revealed that Padyachi had messaged her in October this year, on Facebook messenger. The message was shown to the State prosecutors, the defence and the accused.

Mr O’Driscoll told the court that there was a text message sent by the accused on messenger, however, it was in relation to the civil case.

Justice Morais said mere suspicion was enough for him to cancel Padyachi’s bail as it was a violation of bail conditions.

He said any form of communication with the complainant was a violation of bail conditions because it was a serious concern since the accused was on bail.

“I will have to reconsider his bail because that is a violation of the bail condition, which is a court order.”

During her examination in the morning, the complainant told the court that Padyachi allegedly held her by the hair and pushed her into the water at the Colo-i-Suva pool.

She told the court that she asked him to pull her out of the water and that he knew she did not know how to swim, however, the complainant alleged that he did not do anything and she realised that it was intentional.

The complainant told the court that when she tried to get hold of the rock at the bank of the pool, Padyachi allegedly jumped into the pool and dragged her by the hair in the middle of the pool and watched her struggle in the water.

She alleged that Padyachi went to her again in the middle of the pool and pushed her down the water by her head while she struggled to fight back.

She also claimed that she struggled and grabbed Padyachi’s T-shirt and braced herself over him, however, she alleged that Padyachi tried to push her back. She told the court that she said to tell Padyachi that Lord Shiva had given her life and he could not take it away. She claimed that she pushed Padyachi away and shouted for help.

The complainant also alleged that when Padyachi heard her shout, he went over to her, held her by the hair, put his hand over her mouth and pushed her down into the water again. She told the court that she could not breathe, but managed to free herself and come out of the water.

She further alleged that when Padyachi pushed her back into the water, he thumped her upper back and neck with his foot so he could keep her in the water, however, he did not use too much pressure to keep her in the water.

She also told the court that while she was under the water for the last time, she did not have any energy left to fight back and was mentally preparing herself for her death.

The complainant told the court that she was almost unconscious and the next thing she knew two men held her and took her out of the water.

She said that she told the two men that Padyachi was allegedly trying to kill her and sought help.

The complainant also told the court that she was in India and on July 5, 2018, when she was in Hong Kong for her transit flight, she received a call from the accused on Viber who proposed her for marriage.

She told the court that Padyachi told her that she had to lose weight before he could introduce her to his family.

Questioned by defence

When questioned by the defence if she felt being fooled, the complainant told the court that she did not feel like she was being fooled because there was no such thing as being fooled when you are in love.

She also told the court that Padyachi had told her he had a seven-year relationship with a woman, however, he assisted her in finding employment before he could completely cut off ties with her.

The complainant also revealed in court that she had loaned Padyachi $26,000 within a week’s time, which were for different jobs as informed by the accused, however, she told the court that upon asking the accused on the job contracts, she claimed that Padyachi told her not to interfere.

The trial continues before Justice Morais today, while Padyachi remains in custody.

Edited by Naisa Koroi

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