The Durban Magistrates Court has refused to investigate the identification parade of Ferrel and Darren Govender, brothers accused of murdering Durban businessman Shailen Singh. The court is currently considering their bail application, with the State alleging a love triangle as the motive.
The Durban Magistrates Court has once again declined to investigate the circumstances surrounding an identification parade involving Ferrel and Darren Govender , brothers accused of murdering Durban businessman Shailen Singh . The court on Monday heard arguments from both the State and the accused's legal representatives regarding the brothers' bail application . The State alleges that the motive for Singh's murder stemmed from a love triangle involving him and Ferrel.
During the previous court session, it was agreed that Monday would be dedicated to presenting heads of arguments from both sides. However, advocate Paul Jorgensen, who represents the woman at the center of the alleged love triangle, requested to make an application on his client's behalf. The woman, who remains anonymous for safety reasons, claims that the State presented inaccurate information to the court, stating she was never requested to provide a statement. The presentation of heads of arguments was met with challenges from the defense counsels who questioned why the State hadn't provided a document detailing the events of the identification parade. Warrant Officer Kumarasan Bob Pillay, the investigating officer in the case, stated in his affidavit that during the identification parade, the eyewitness to the shooting did not identify Ferrel as the shooter or as someone present at the crime scene. The defense had previously attempted to present this document to the court, but the request was denied. Advocate Christo Van Schalkwyk, representing Darren Govender, expressed a desire to know if the eyewitness had pointed to another individual. Senior Attorney Ravindra Maniklall, representing Ferrel Govender, emphasized his duty as an officer of the court to ensure clarity, stating he was present at the identification parade and the eyewitness did not point to either of the brothers. He asserted that the eyewitness identified someone else, which contradicts the State's case. He argued that the court should not have any lingering doubts about the events of the identification parade. The State's senior public prosecutor, Nkululeko Msiya, reminded the court that it had previously refused to address the issue of the identification parade. He maintained that the defense's application lacked merit and cited numerous legal precedents to support this stance. Msiya further argued that the state aimed to avoid transforming the bail application into a trial. He assured the court that the document from the identification parade would be utilized at a later stage alongside other evidence during the trial. Msiya emphasized that the state was not denying the events of the identification parade but chose to withhold the document to protect the identity of a witness who could potentially be subjected to interference. He stated that the investigation remained incomplete and accused the defense of attempting to delve into the merits of the case during the bail application.
Murder South Africa Durban Identification Parade Bail Application Love Triangle Ferrel Govender Darren Govender Shailen Singh
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