Key Points
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Govender’s appeal focuses on the failure to call a key witness statement.
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The case against Govender includes unclear witness testimonies.
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The court upheld the refusal of bail, prioritizing justice over personal freedom.
Durban security boss Ferrel Govender fights for bail after the court rejected his appeal. He claims the court made a mistake by not calling his former girlfriend, Salona Ramrutton Kisten, to give a statement.
Govender argues this key evidence could have influenced the court’s decision. His legal team filed the appeal after Judge ME Nkosi denied his bail request in the Durban High Court last Thursday.
Court overlooked important evidence
Govender argues the court failed to call Kisten to testify in his case. He believes the court made assumptions about the gender-based violence (GBV) allegations without looking closely at the evidence.
Govender says the court should have examined Kisten’s claims of abuse, instead of assuming that victims sometimes lie or destroy evidence under pressure from their abusers.
Govender’s lawyers also argue the court didn’t fully review the evidence, especially the records from the identity parade. They claim the allegations against him aren’t proven and that the evidence isn’t clear.
The murder case against Govender
Govender, 41, faces charges for the murder of businessman Shailen Singh in December 2024.
Govender and his brother, Darren, 35, both face accusations of involvement in the killing. Darren received bail, but Govender did not.
The case includes claims about threats Govender made to Singh and accusations of abuse toward Kisten. Despite these claims, Govender’s lawyers argue the evidence is weak and relies on unreliable witness testimony.
The investigating officer’s statement reveals that one witness didn’t identify Govender as the shooter, while another mistakenly identified someone else.
Govender’s legal team argues that the case relies on weak evidence, and that witness statements don’t back up the charges.
Court’s decision on bail request
Judge Nkosi closely reviewed the decision to deny bail. He emphasized that the court must weigh the accused’s right to freedom against the need for justice.
Govender’s lawyer argued that the court’s decision was too influenced by the strength of the State’s case. However, Judge Nkosi disagreed, supporting the magistrate’s decision based on the evidence.
The judge pointed out that Govender’s presence at the crime scene was clear, even though no one directly saw him shoot Singh.
He stated that the evidence, including witness testimony and video footage, suggested Govender was likely the shooter. In the end, Judge Nkosi agreed with the magistrate’s ruling and decided the interests of justice outweighed Govender’s right to bail.
