Murder-accused Prosecure CEO Ferrel Govender has failed in his bid to avoid spending another night at the Westville prison after the state railed against his legal representative's plea to have him remanded at Durban central police station.
Govender is charged alongside his brother Darren for the murder of Shailen Singh at Meridian drive in Umhlanga on December 29.
They have pleaded not guilty to the premeditated murder charges that have been brought against them,
Despite having been in custody since New Year’s Day, the siblings have only spent two days at Westville prison.
Before Tuesday when the state presented its affidavit opposing bail, the pair had been held at the Durban central police which is a few metres from the court building.
Govender’s attorney Ravinda Maniklall had requested the court grant an order for the two brothers to be detained at the Durban central police cells. The lawyer told the court he wished to consult with his clients about the status of the security company, which he said is on the brink of being stripped of its licence by the security regulatory body, PSIRA
“There is prejudice that is being suffered by my clients. The state has caused delays,” he said.
State prosecutor Nkululeko Msiya cautioned the court to protect the image of the justice system.
He said with the pair having presented their affidavits in their bid to be set free and with the state having closed its case, there was no need for extensive consultation at the cells.
“My colleague is requesting this, but we know that his clients company has two other directors who can handle the affairs of the company,” he said.
Msiya viewed the suggestion as “favouritism” being afforded to the business mogul.
“We need to protect this court from the perceived bias of the two. This application or suggestion should be opposed by the court otherwise we run the risk of landing ourselves in hot water. Everyone is watching this case,” said Msiya .
Msiya told the court there had been a shooting at the Durban police cells on Wednesday and chastised the defence for going behind the state's back to make arrangements by communicating with police members who are subordinate to the station commander.
“We are entering dangerous waters where the defence is going behind the state and speaking to members behind our backs,” he said.
He also accused Maniklall of trying to delay matters so that his clients could continue to be detained at the station.
“You see your worship my colleague is trying to delay things wanting us to stand down the matter. This is what I am perceiving as a way of trying to buy time so that by the time we finish here, there will not be transport to take the prisoners to Westville after court,” said Msiya.
The court later learnt that a station commander had ruled against the further detainment of the accused at the station.
The state was ordered to file its closing arguments for the duo's bail applications by January 24.
The matter has been adjourned to January 27 for continuation of the bail applications, where the state and the defence are expected to present their closing arguments in court.
TimesLIVE
Security boss fails in bid to avoid detainment at Westville prison
Image: Mfundo Mkhize/TimesLIVE
Murder-accused Prosecure CEO Ferrel Govender has failed in his bid to avoid spending another night at the Westville prison after the state railed against his legal representative's plea to have him remanded at Durban central police station.
Govender is charged alongside his brother Darren for the murder of Shailen Singh at Meridian drive in Umhlanga on December 29.
They have pleaded not guilty to the premeditated murder charges that have been brought against them,
Despite having been in custody since New Year’s Day, the siblings have only spent two days at Westville prison.
Before Tuesday when the state presented its affidavit opposing bail, the pair had been held at the Durban central police which is a few metres from the court building.
Govender’s attorney Ravinda Maniklall had requested the court grant an order for the two brothers to be detained at the Durban central police cells. The lawyer told the court he wished to consult with his clients about the status of the security company, which he said is on the brink of being stripped of its licence by the security regulatory body, PSIRA
“There is prejudice that is being suffered by my clients. The state has caused delays,” he said.
State prosecutor Nkululeko Msiya cautioned the court to protect the image of the justice system.
He said with the pair having presented their affidavits in their bid to be set free and with the state having closed its case, there was no need for extensive consultation at the cells.
“My colleague is requesting this, but we know that his clients company has two other directors who can handle the affairs of the company,” he said.
Msiya viewed the suggestion as “favouritism” being afforded to the business mogul.
“We need to protect this court from the perceived bias of the two. This application or suggestion should be opposed by the court otherwise we run the risk of landing ourselves in hot water. Everyone is watching this case,” said Msiya .
Msiya told the court there had been a shooting at the Durban police cells on Wednesday and chastised the defence for going behind the state's back to make arrangements by communicating with police members who are subordinate to the station commander.
“We are entering dangerous waters where the defence is going behind the state and speaking to members behind our backs,” he said.
He also accused Maniklall of trying to delay matters so that his clients could continue to be detained at the station.
“You see your worship my colleague is trying to delay things wanting us to stand down the matter. This is what I am perceiving as a way of trying to buy time so that by the time we finish here, there will not be transport to take the prisoners to Westville after court,” said Msiya.
The court later learnt that a station commander had ruled against the further detainment of the accused at the station.
The state was ordered to file its closing arguments for the duo's bail applications by January 24.
The matter has been adjourned to January 27 for continuation of the bail applications, where the state and the defence are expected to present their closing arguments in court.
TimesLIVE
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