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Outrage after man accused of killing friend granted R6000 bail

JUDGMENT

Nadia Khan|Published

Dalen Gounden

Image: Supplied

COMMOTION erupted as emotions ran high in the Umlazi Magistrate’s Court after Dilyn Keeanu Naidoo, who is accused of shooting and killing his friend Dalen Gounden, was granted R6 000 bail earlier today(Friday). 

Following the magistrate handing down judgment on the bail application, the relatives and friends of  Gounden, who filled the courtroom, lashed out over the ruling. 

Gounden, 23, of Montford in Chatsworth, was shot during an alleged argument with his friend, while they were travelling along the R102, near Illovo Beach, on September 26.  

He sustained a single gunshot wound and died at the scene. 

Naidoo, 25, who later handed himself over to police and was charged with murder, applied for bail earlier this week. 

In an affidavit, read out by his attorney, Naidoo said he was unmarried and had a two-year-old son. He said he was employed as a security officer at Sizani Group Security.

Naidoo said he did not have any previous convictions or pending cases. He said he would abide by any conditions that the court may deem appropriate to his release on bail. 

Naidoo said he would be safe if released on bail and that his proposed plea to the charge was not guilty. He said he did not want to disclose his defence at this stage. 

Naidoo said he had no knowledge of or relationship with the state witnesses. He said granted bail he would not evade his trial, interfere with or try to influence any state witnesses, disturb public peace, and endanger the safety of the public. 

Naidoo further submitted a character reference letter from the resident pastor of a church he apparently was a member of for the past seven years. 

In handing down judgment, the magistrate said it was in the interest of justice that bail be granted. 

He said while the investigating officer gave evidence that he had received messages and calls with threats with regards to Naidoo's life being at risk, he (Naidoo) said in his affidavit that he would be safe if released. 

The magistrate said the State was also relying on circumstantial evidence, and that the only statements obtained were from Naidoo’s mother and girlfriend. 

He said there were currently no statements from any eyewitnesses. 

The magistrate said while the State had raised concerns that Naidoo was linked to others cases, including the unlawful discharge of a firearm and attempted murder and could commit a Schedule 1 offence if released; he was not provided with any further details on those matters, except that Naidoo was not convicted of those crimes. 

He further stated that while such incidents would “no doubt” induce public outrage, in this instance it was by the family and friends of Gounden, and not the greater community.

Speaking to the POST following the ruling, relatives and friends of Gounden expressed their anger over the ruling. 

“We cannot accept this ruling or the reasons behind it. It was said that there was no community outrage. That is wrong. Dalen was well known in the community. Everyone has been left devastated by his death and have demanded bail be denied and for justice. 

“Dalen’s family, who are still struggling to cope with his death, now have to deal with the news that the person who is believed to have killed him is able to walk around freely and continue with his life. We were supposed to be celebrating his birthday tomorrow (Saturday). Instead we are mourning him. But we will not let this rest. We will approach the high court to appeal the ruling,”  said a friend, who did not want to be named.

Gounden's 15 day memorial service will be held today. 

THE POST