The State believes that the Govender brothers, who have been charged with the murder of Shailen Singh, should not be released on bail.
In a 27-page affidavit handed to the Durban Magistrate's Court, the sworn affidavit of lead investigator Warrant Officer Kumarasan Pillay states that if Ferrel Govender and his brother Darren Govender are released on bail there is a likelihood that they would endanger the safety of the public or any particular person.
The duo is charged with the murder of Singh, 32, who was gunned down on December 29, 2024, in a parking lot on Meridian Drive in uMlhanga.
"The motive for killing the deceased is based on the alleged love affair with applicant one's (Ferrel Govender's) girlfriend. There is evidence including photographs and video footage indicating that applicant one (Ferrel Govender) assaulted his girlfriend — who is the reason for the killing of the deceased."
Pillay said police received information that there were processes on the go for the girlfriend to obtain a protection order against Ferrel.
"Her life remains in danger in view of the fact that applicant one has already carried out the threat on the deceased."
Pillay said there was a very high likelihood that the girlfriend would suffer the same fate.
"There have been threats thrown at the deceased's family in this matter. There is evidence that he has shot and killed the deceased as he promised to. Who else is next in line in Singh's family if one considers what applicant one (Ferrel Govender) threatened to do."
Pillay said it could be clearly seen that the accused had total disregard for the safety of the community and public in general as the shooting occurred in broad daylight.
"The investigation team and I found 14 spent cartridges on the crime scene and the cause of death of the deceased was multiple gunshot wounds to the head, chest, and abdomen."
With regards to Darren, Pillay said that there is proof of cases of assault and intimidation against him.
"Evidence shows that he was present when the deceased was shot and assisted applicant one (Ferrel Govender). If he is released on bail, he is likely to be an extended hand of applicant one in his intention of eliminating certain people as in evidence in this case."
The State further argued that if the Govender brothers were found guilty the sentence could be life imprisonment.
"And this will be a sufficient motive for them to evade trial."
Pillay said Ferrel owned a few homes around the country, of which addresses have not been supplied to the police, and said he could easily relocate without informing the investigating team.
He said Darren had a history of evading trial as there was a warrant for his arrest issued in 2011 in another matter.
In addition Darren has no fixed property in his name.
Thirdly the State was of the view that if released on bail, the accused would influence, intimidate witnesses or destroy evidence.
"The witnesses are extremely afraid for their lives. Some of the State witnesses are well-known to the accused."
The State said that there is a huge public outcry from the community for the courts not to release the applicants on bail.
"There is currently an online petition which is gaining momentum that stands at 3,956 signatures calling for the continued incarceration of the accused."
The State said the investigations in the matter was at an advanced stage and very strong against the applicants and was off the view that the Govender brothers should not be released on bail.
The matter will return to court on Friday and the brothers remain at Westville Prison.
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