DURBAN - THE bail application for the three suspects facing murder and attempted murder charges linked to the killings during the unrest in Phoenix has been postponed to tomorrow.
This comes after the legal team representing two of the accused withdrew from the case.
The trio appeared in the Verulam Magistrate’s Court yesterday for day two of their bail application. On Tuesday, the court heard evidence from the investigating office that it had CCTV footage of the incident which showed five unarmed black men being attacked by a group of Indian men who were armed.
Dylan Govender, 29, his older brother Ned Govender, 30, and 39-year-old Jeetendra Jaikissoon are all facing a charge of murder.
The State is alleging that the accused acted in common purpose which resulted in the death of Mondli Majola. They have also been charged with attempted murder.
The legal team of the two brothers, led by advocate Kessie Naidu, told the court yesterday that they took the decision to withdraw based on ethical and professional reasons.
Submitting his application for leave to withdraw from representing Dylan and Ned Govender, Naidu told the court that “there was nothing connected with the prevailing environment or fear that has motivated our decision to withdraw”.
Naidu then urged the court to postpone the matter to Friday to allow the accused to get new legal representation. As part of the application, Naidu asked the court that the applicants be remanded in custody at the Durban Central police station, not Westville prison.
“This is mainly due to their health conditions, as detailed in their affidavit and supported by the doctor’s note. It will also be advantageous for the new legal team to have access to them,” he said.
According to their affidavit, the two brothers are on chronic medication, as Dylan has high cholesterol and asthma and his brother, Ned, has asthma.
Jaikissoon’s representative, Chris Gounden, told the court that he had no objection to the postponement, but revealed that it would be unfortunate for his client should the matter be postponed again tomorrow.
Gounden also urged the court to not separate the accused and that they should be kept in the same facility.
State advocate Nelson Mbokazi said it was unfortunate that the brothers’ representatives had pulled out in the middle of the bail application.
Mbokazi also cited concern that the new representative might also request an extension to familiarise themselves with the evidence and affidavits that had been filed with the court.
Magistrate Irfaan Khalil said since the application for the postponement was unopposed, it was best to postpone the bail application to tomorrow. Furthermore, Khalil said it was premature at this stage to separate the accuseds’ bail applications.
THE MERCURY