The embattled CEO of Prosecure Ferrel Govender has shown himself to be above the law and disrespected the criminal justice system, according to Durban magistrate Kevin Bruorton, who refused bail to Govender on Monday while granting his brother Darren's application.
The siblings have pleaded not guilty to the murder of Durban businessman Shailen Singh who was gunned down on Meridian drive in Umhlanga on December 29.
In his ruling on Ferrel's application, Bruorton said: “It shows disrespect to the investigating officer when he tore up a paper during an interview.”
He said Ferrel's claims to the investigating officer about being connected to high-ranking officials was another example of this disrespect.
“It shows someone who thinks he is above the law and does not respect the function of justice. He will likely undermine the criminal justice system including the bail system,” said Bruorton.
Shock and outrage over the murder was expected but there was no evidence of any public disorder occurring should bail for Darren be granted, he said.
Some of the state's evidence implicating Darren was “speculative” and it could not establish the siblings had acted in common purpose, said Bruorton.
“There is no evidence the second applicant will threaten the witnesses nor will he jeopardise the criminal justice system.”
He said to his credit, Darren had never given any false information to the state after his arrest.
The pair have been in custody since New Year’s Day and are being detained at the Westville prison. They have also endured a series of setbacks during their detention.
The state plans to prove the matter to have been premeditated.
Bruorton said the pair had portrayed themselves as wealthy individuals and therefore there was no suggestion about them being in a precarious financial position.
“I am not convinced the accused will suffer financial prejudice. However, it will deprive them of support,” he said.
The court was due to hear closing arguments on Friday on why the two brothers should be granted bail when Durban senior advocate Paul Jorgenson brought an application from a woman who is a state witness.
The woman in the affidavit is alleged to have expressed disappointment about the state not having interviewed her to get her version of events.
Prosecutor Nkululeko Msiya opposed the application and said Jorgenson was not representing any of the accused.
“The witness the applicant intends to bring is the witness the state intends to rely on during the trial stage. The dilemma the defence is facing is to produce evidence which shows exceptional circumstances for them to be released on bail,” said Msiya.
The court dismissed the application, saying it was unusual and the witness did not show the court she had an interest in the bail hearing.
On Friday advocate Michael Hellens, who was introduced as Ferrel's new legal representative, asked the court to release his client. He said Ferrel’s business would suffer and bail hearings should not be used to punish detained people awaiting trial.
Hellens said his client had also not been positively pointed out during the identity parade.
The hearing stood down briefly for discussion about the bail amount which Darren initially proposed at R100,000.
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