A month after their arrest for the alleged murder of Mount Edgecombe businessman, judgement in the bail application for brothers Ferrel Govender and Darren Govender is expected to be handed down in the Durban Magistrate’s Court on Monday.
Arguments from the State and brothers’ legal teams concluded this week.
The Govender brothers are accused of shooting and killing 32-year-old Shailen Singh while he was seated in his vehicle in a parking bay in Meridian Drive, uMhlanga, on December 29.
The father of a now three-month-old son was shot multiple times, including in the head, neck and abdomen. He died at the scene.
Ferrel 40, the group CEO of Prosecure, a security company, and Darren 35, the owner of a construction company, handed themselves over to the police on January 1.
They were charged the following day.
During the bail application, Ferrel, who is represented by attorney Ravindra Maniklall, in his affidavit said that according to the identification parade the only eye-witness present at the scene of the murder of the deceased did not identify him as either the shooter or being present on the scene.
He said that he had strong personal and social ties in the community and country at large, which would not allow him to evade trial.
Ferrel said he had three sons, aged 17, 15, and six, and that he was his family’s breadwinner.
He said he was a self-employed businessman with multiple business interests and various lawfully registered South African companies ranging from the security to construction industry, and to asset management.
“I have approximately 3 000 employees employed by me through my companies whose operations I manage on a daily basis as group CEO. I personally manage all my business affairs with a hands-on approach.”
Darren, who is represented by advocate Christo Van Schalkwyk, in his affidavit said that eye-witness had also not identified him as the shooter.
He said he was a self-employed businessman, with 40 employees, including those working on a temporary basis.
Darren said he had three minor children, with the youngest being two-years-old. He said he took his children to school in the mornings
He added that he also employed two caregivers, and that together with Ferrel, they maintained their elderly mother.
During the State’s case, investigating officer, Warrant Officer Kumarasan “Bob” Pillay, of the Provincial Organised Crime Unit, in his affidavit said in a statement taken from Singh’s wife, he was being accused of having an affair with Ferrel’s girlfriend.
He said the killing of the Singh allegedly revolved around a love relationship with Ferrel’s girlfriend.
“As a result of jealousy and insecurities, applicant one decided to, with the help of his brother, kill the deceased,” said Pillay.
Pillay further told the court that there was evidence confirming cellphone communication between Singh and Ferrel moments before the shooting.
“There was a plan on the part of applicant one to lure the deceased to the scene in order to shoot and kill him. He called his brother to assist in this regard…”
In a turn of events earlier this week, the woman believed to be at the centre of the alleged “love triangle”, made an application via her legal representative, Advocate Paul Jorgensen, to have an affidavit admitted into the court.
Jorgensen told the court this was in relation to audio and visual evidence that was presented to the court by the State.
He said that his client had not provided that evidence to the State.
However, the senior State prosecutor, Nkululeko Msiya argued that it was an attempt by the accused to reopen their cases and they were attempting to use a State witness in this bid. The magistrate refused the application.
Speaking to the POST on Friday, Singh’s father, Pradeep, said it had been a month of trauma for the family.
“It has now hit home that he is gone and will never come back. We have never in our lives experienced such trauma. Every day is getting harder, especially sitting in court. My son should have been at home with his family. He is missing out on all of his son’s milestones.
“We are praying that justice will be served and that they are denied bail,” he said.