'Dre Boyz gang member' fails in bid to appeal murder sentence

PRAVENDRAN Perumal, who was convicted of the 2008 murder of businessman Kelvin Claude Naidoo in a drive-by shooting in Chatsworth, has failed in his bid to appeal his life sentence. 

The alleged Dre Boyz gang member argued he played a lesser role in the crime, but Judge Esther Steyn refused his application for leave to appeal in the Durban High Court yesterday (Tuesday). 

Perumal, a tow-truck operator of Malvern, was arrested and charged for the murder of 33-year-old Naidoo, a clothing store owner, and attempted murder of his three employees in 2008. 

Duncan Arumugam, owner of the Dre Boyz taxi fleet and Brandon Govender, unemployed, both of Chatsworth, were also arrested and charged for Naidoo’s murder.

During the trial in 2010, it was reported in the POST that Naidoo’s vehicle was sprayed with bullets from high calibre weapons in a drive-by shooting along Cashew Avenue in Crossmoor, Chatsworth on April 9, 2008. 

The trio were arrested in July that year. 

On November 30, 2010, all three were sentenced to life imprisonment for the murder, 10 years for each count of attempted murder, 15 years for two counts of unlawful possession of a firearm, three years for another firearm possession count and 15 years for the ammunition charge. 

The sentences was ordered to run concurrently with the life imprisonment.

Perumal, who was represented by attorney Avir Maharaj and advocate Louis Barnard, approached the high court for leave to appeal his sentence only. 

In his submissions, Barnard told the court that there were reasonable prospects that another court on appeal would find that there were substantial and compelling circumstances allowing for a legitimate deviation from the prescribed minimum sentence of life imprisonment in respect of the murder count. 

Among the facts, he said were favourable personal circumstances of Perumal, the fact that the murder was planned and initiated by Arumugam, Perumal played a far lesser role in the murder and that he was ordered at the last minute on the day of the shooting to drive the “distraction vehicle”. 

Barnard further submitted that Perumal had spent about two years and four months in custody while awaiting trial. 

He said there were further reasonable prospects that another court on appeal would find that when applying the “determinative test” that, having regard to all the relevant circumstances, that the minimum sentence of life imprisonment was disproportionate as imposed on Perumal.

Perumal in an affidavit, said he previously applied for leave to appeal his conviction only in the high court. However, it was refused on January 12 in 2012. 

He said further attempts to be granted leave to appeal his conviction were refused by the Supreme Court of Appeal in 2014, and the Constitutional Court in 2024. 

Perumal said the trial and processes which followed, left him financially drained. 

He said however, that his family and friends were still standing by him and had only managed to secure funds for him this year to secure an opinion in the matter and move an applicant if needed.

However, State advocate Gugu Xulu,told the court that grounds submitted for the leave to appeal was insufficient. 

She said Perumal had the opportunity to address the court prior to sentencing. 

“As soon as he was convicted, he had the opportunity to tell the court of his circumstances and to ask for a deviation from the minimum sentence. It was his duty to address the court, but he just accepted it and left it in the hands of the court. 

“The court takes into consideration the interest of society together with the compelling circumstances. In this instance, the court only had aggravating circumstances. I am of the opinion that no other court will find compelling circumstances to deviate from the sentence imposed.”

Maharaj said Perumal had instructed then to petition the Supreme Court of Appeal.

THE POST