DURBAN - MAGISTRATE Irfaan Khalil has said that he would hand down his judgment in the bail application of brothers Ned and Dylan Govender, who have been charged with murder in connection with the Phoenix violence in July, later this month.
Khalil yesterday adjourned the case in the Verulam Magistrate’s Court to November 10 for closing arguments from the State and defence, and said he would deliver his bail decision on November 18.
The brothers have been charged with the murder of Mondli Majola, who was killed on July 12 during the unrest and violence in Phoenix. The State alleges that Majola was among a group of black people who were attacked by armed Phoenix residents.
At issue in the bail application is how Majola died. While an initial post-mortem found he had been stabbed, the State and police disagreed with this. His body was exhumed and a second post-mortem was conducted.
The second post-mortem found Majola died as a result of being shot in the face.
Specialist forensic pathologist Doctor Sagren Naidoo testified for the defence last week that he believed that Majola was stabbed and not shot, as his wounds were not consistent with a gunshot.
Yesterday he gave further evidence after reviewing CCTV video footage. Naidoo said that during his review of the footage he had the sound turned off to avoid any distractions.
“I found that applicant one is seen giving two short rapid strikes to the deceased’s head with an object which appears to be the butt of a firearm. These strikes caused the deceased to fall backwards and lie motionless.”
Naidoo said that his analysis found that the deceased had defensive stab wounds to his left hand.
“I also noted that the deceased had one stab wound in his left thigh, and two stab wounds to the right thigh.”
Under cross-examination by prosecutor Nelson Mazibuko, Naidoo was asked about a boat-shaped or oval wound that was found on the left side of Majola’s jaw.
“I found that Dr Sibusiso Nsele’s second post-mortem report did not provide evidence of internal damage if this had been a gunshot wound. There was no bone destruction and no swallowing of blood, which would have been found present in the stomach of the deceased. This would have occurred if the deceased had been shot in the jaw. It would have caused frothing and the victim trying to cough up blood, which would have resulted in swallowing and blood being found in the stomach.” Naidoo added that he had found no evidence that suggested a gunshot wound.
“Applicant one (Dylan) is seen firing a first warning gunshot, there may have been a second and third shot, but I have no evidence to suggest where the second or third gunshot happened, and there is also no evidence that I found that suggests a gunshot wound.”
Naidoo added that the second post-mortem conducted by Nsele had also not found any damage to the tongue area, which would have been consistent with a gunshot wound to the jaw.
The Govenders were remanded to Westville Prison.
THE MERCURY