POWERFUL businessman Ferrel Govender who blew kisses at the media during his last court appearance will remain behind bars after he was denied bail at the Durban Magistrate’s Court on Monday.
Govender, a big player in the security services industry and his brother Darren were accused of gunning down Durban businessman Shailen Singh in his parked vehicle on Meridian Drive, Umhlanga on December 29.
However, Darren was granted bail of R200,000.
The State alleged that Singh was shot and killed 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 delivered his judgement.
Prior to Magistrate K. Broughton delivering the bail ruling, 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 case law that was cited in support of the schedule five request, had no certificate from the DPP.
He said in this case there was a certificate and he had no authority to change that. 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 that 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 related how Ferrel had assaulted his girlfriend (whose name is being withheld) and threatened to kill her and Singh execution style.
In denying him bail, 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 notes taken on paper by the investigating officer and threatened to sue the minister of 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 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 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 was adjourned to May 26.
DAILY NEWS