Security boss's fresh bail bid: claims of business collapse and health deterioration

MURDER accused Ferrel Govender has launched a fresh bail application citing "new facts" including alleged justice interference, business collapse fears, and deteriorating health after 10 months in detention.

The State counters these claims as "refashioned old facts" in this high-profile Durban case.

Govender, 40, the CEO of Pro Secure, a security company, together with his brother, Darren Govender, 35, were charged for the murder of Shailen Singh, a Mount Edgecombe businessman, in January. 

During the initial bail application earlier this year, it was heard that the alleged motive was due to a “love relationship”.  

Singh was accused of having an affair with Ferrel’s girlfriend. 

At the time, Darren, a construction company owner, was granted R200 000 bail, while Ferrel was denied bail.

Ferrel, who was represented by advocate Michael Hellens, a senior counsel, instructed by attorney Ravindra Maniklall, thereafter took the bail ruling on appeal to the Durban High Court, which was dismissed. 

In his affidavit for his latest bail application held in the Durban Magistrate's Court on Monday, Ferrel said the delay in the commencement of his trial - which he claimed may not happen until 2027 or beyond - formed a significant new fact that merited his release. 

He said another new fact which had come to his knowledge after the (initial) bail application was that either the police, prosecution and/or the deceased’s family attempted to interfere with the course of justice by “surreptitiously compiling a false dossier” about him in an attempt to interfere with the criminal justice system just to influence the court to deny him bail. 

Ferrel said another new fact was that FNB was actively attempting to and finally closed all of his bank accounts, and that of his companies on the basis of reputational risk. 

“I have become a target of a concerted campaign to destroy me and my various businesses, exposing not only myself but also my thousands of employees. This is extremely serious and I am at a major disadvantage as I cannot defend myself against this conduct while in detention.

“It won't be long before the other institutions similarly launch a full-scale onslaught on me and my companies which will destroy many, if not all, my businesses which have been suffering since my ongoing detention over the past nine months,” he said. 

Ferrel said there was no real evidence that he wrongfully and intentionally killed Singh. 

He also submitted a report from a criminologist, which illustrated the adverse and devastating effect solitary confinement had on his physical and mental health over the past nine months.

In addition, he submitted medical reports which evidenced the “extreme deterioration” of his health. 

In its response, the State, represented by senior advocate Krishen Shah, submitted an opposing affidavit from the investigating officer, Warrant Officer Kumarasan ‘Bob” Pillay, of the Provincial Organised Crime Unit. 

He said there were no new facts.

Pillay said Ferrel’s pleading that there was a conspiracy to falsely implicate him was not logical. 

He said it was improbable that FNB would close Ferrel’s bank account on account of the charges.

Pillay said Ferrel statements about his family and businesses' suffering was untrue. 

“He contends that his continued incarceration is having a detrimental effect on his family and his business/s”. He is being patently dishonest as his business is thriving as can be seen from their posts on social media. They are certainly not downsizing.”

Pillay said the report by the criminologist lacked critical objective information and was inherently biased and ought to be rejected.

Pillay said from his investigations at the prison, he established from the head of security that Ferrel was not being truthful about him being kept in solitary confinement but in a more secure cell as he has been classified as a “high profile offender”.

“The applicant is not being truthful in that he is not allowed to socialise or exercise. He is not being truthful in that is being treated differently to other prisoners as he is entitled to the same privileges as any other inmate.

“The applicant is not being truthful in that the keys to the cells are kept in the first floor and in case of emergency he cannot be accessed. He is not being truthful with regards to his food, as he does not eat food provided by the prison but rather has food handed to him during visits and collects food for the week until the next visit. The applicant has also been mischievous as he was caught with a cellphone which was confiscated,” Pillay said. 

Pillay said the issues raised by Ferrel were old facts being refashioned into new facts, and that the application should be dismissed.

The bail application was adjourned to Thursday.

THE POST