The Durban Magistrates Court granted Darren Govender R200,000 bail but his brother, security boss Ferrel, will have to remain behind bars. The brothers are accused of gunning down Shailen Singh, a Durban businessman at Meridian Drive in Umhlanga on December 29.
The State alleges that Singh was shot by Ferrel for having an affair with his girlfriend and that Darren assisted him. Fourteen spent cartridges were found at the crime scene.
Before the court handed down the bail judgment, the brothers walked into the dock, with Ferrel clutching a black rosary.
Throughout the proceedings, he held on to his rosary until the Magistrate gave his judgement.
Prior to Magistrate K. Broughton delivering the bail judgment, he replied to Darren's request to have his bail listed under schedule five of the Criminal Procedure Act. This was raised last week by Darren’s counsel, advocate Christo van Schalkwyk SC.
Broughton said there was no objection from all the parties when the Director of Public Prosecutions (DPP) issued a certificate that said the bail of the brothers was under schedule six of the Criminal Procedure Act. He said the case laws that were used to support the schedule five request, had no certificate from the DPP.
He said in this case there was a certificate. Magistrate Broughton said the Court had no authority to change this. He also raised concern on the timing of the request as it was brought up in Van Schalkwyk’s closing argument.
He said bail had been denied to Ferrel as there was the likelihood that he would endanger public safety.
“The evidence as a whole shows applicant one (Ferrel) is prone to violent intimidation and threats. I believe that he will endanger the lives of witnesses, including that of his girlfriend,” he said.
Broughton said the investigating officer said Ferrel had assaulted his girlfriend (whose name is being withheld) and threatened to kill her and Singh execution style.
Denying him bail Magistrate Broughton said; “Someone who believes he is above the law is likely to undermine or jeopardise the proper functioning of the justice system.”
He said it was true that the shooting took place in broad daylight in a public area. He said that Ferrel had torn the papers of the investigating officer and threatened to sue the minister of the justice and the investigating officer in his personal capacity.
He said he had considered the submissions made by Darren while applying for bail and considered those of the investigating officer, Warrant Officer Kumarasan Bob Pillay, who asked for bail to be denied.
He said Pillay suggested that Darren was likely to extend a hand to Ferrel.
“This is speculation. I can't find that this likelihood exists,” said Broughton.
Pillay had told the court said he feared that Darren would easily relocate to other houses as he had also tried to evade his arrest.
“I do not find much merit to these submissions,” he said
He said there was no evidence that indicated that Darren shot Singh. Broughton said he believed that the state presented all its cards when it came to a common purpose motive for Darren, however, he said that this should play out in the trial.
The matter will continue on May 26.