Durban — The lawyer for one of the two men charged with the murder of Malvern pensioner Ken Price, 74, withdrew as counsel in the Durban High Court on the day that the court was to hear the pre-trial conference before certifying the case trial ready.
Julio Nobrega, 32, who was Price’s neighbour, and Nathan Padayachee, 23, Nobrega’s employee, appeared before Judge Mohini Moodley recently. Senior State advocate Krishen Shah said the pre-trail could not go ahead as Padayachee was changing lawyers.
Padayachee had been represented by P Naicker. However, S Singh was in court on behalf of the accused.
Nobrega is represented by J Botha, who has been his lawyer from the time the men began appearing in the Pinetown Magistrate’s Court last year.
When Price was reported missing by his family in December 2021, police investigations led to the recovery of his decomposing body in Richard’s Bay in May 2022.
Padayachee told the court that his parents, who were in court, had been paying for his legal counsel but they no longer could.
Judge Moodley advised him that he could be assisted by the Centre for Justice free of charge. Going forward, he will be represented by Legal Aid.
Judge Moodley warned Nobrega to ensure that “whatever obligations you have with your lawyer make sure you fulfil them”. The matter was adjourned to July for a pre-trial conference.
Nobrega and Padayachee, both out on bail of R5 000, are charged with murder and robbery with aggravating circumstances.
Price lived alone in his Northdene home and was a South African Navy veteran. He had a passion for restoring motorcycles and kept some of them at his home.
Nobrega, his neighbour, had a panel-beating business that he was running from his home.
It’s alleged that for some time before Price’s murder, Nobrega had suspected the pensioner of reporting his panel beating activities to the authorities.
Furthermore, it was alleged that in November 2021, Price had invited Nobrega over to his home for a braai. Nobrega arrived with Padayachee as well as his other employees, including Nikiel Pillay and Matale Pillay.
Price became intoxicated at the braai and the accused helped him get inside his house, following which they went back to Nobrega’s house.
That is where it is alleged that they decided and conspired to rob and kill the pensioner.
It’s alleged that Nobrega handed Padayachee a hammer with which to kill Price and he struck him with it, killing him.
The four men then allegedly cleaned up Price’s bloodied house after which they loaded his body into Nobrega’s car.
It’s alleged that Padayachee and Nikiel then drove to Empangeni where they dumped the pensioner’s body in some bushes.
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