Durban - A retired Telkom employee who allegedly went on a Boxing Day shooting spree killing one person and injuring three others, is using frail health and self defence as key components in his bail application.
Maran Nair, 59, appeared at the Chatsworth Magistrate’s Court on Wednesday as his bail application continued.
Nair is charged with the murder of Kumari Samuel, 42, and the attempted murders of her husband, Reuben Samuel, 50, fellow family members, Poovendree Samuel, 22, Shunker Govender, 35, Pushpa Govender, 63, and Devendran Naicker, 30.
Although the charge sheet reflects an additional attempted murder charge, of Thumashan Govender, bringing the total count to seven charges, the Daily News can confirm that Thumashan and Shunker Govender is the same person.
Nair’s daughter is married into the Govender family, whose household comprises almost 18 people who live on their family premises in Montford, Chatsworth.
Nair is alleged to have arrived at the Govender family home on December 26 last year and opened fire. He is alleged to have shot Kumari and Shunker in the chest, and Pushpa and Reuben in the mouth. Kumari died in hospital.
However, in his affidavit supporting his bail application, which was submitted by defence attorney Rajen Nathalal, Nair claims he was rushed by a mob that set on him and he acted in self defence. He also claimed to be in poor health and that he had no intention of committing a murder or attempted murders.
The affidavit reads: “On the day of the incident a mob from the house rushed towards me. I fired a warning shot. Despite this I was attacked by the group. I then fired shots in self defence. I was severely assaulted and lost consciousness. Everything happened quickly. I regained consciousness at the Chatsmed Hospital. I have a valid licence for my firearm, a CZ-75. I believe the police have taken away my firearm.”
Nair, who worked at Telkom for 38 years, claims to be in frail health and said that being detained in prison would severely impact on his health.
“I suffer from depression, diabetes, high blood pressure and thyroid. I am married and my wife is in poor health. Approximately 15 years ago I had a heart attack and was treated at Milpark Hospital. From the day of the incident I have been detained at Chatsmed Hospital, where I was treated for facial and body injuries. I am still being treated at the hospital by a psychiatrist, Dr Khalil Kader.”
“Should I be denied bail, my health would deteriorate as the prison authorities would not be in a position to provide me the treatment and medication necessary for my wellbeing. It is difficult in prison to consult freely as there are inadequate facilities, restrictive days and times.
The prosecutor, Avinash Gangai, has dismissed some of Nair’s claims.
He told Magistrate Busiswe Mpungose that Nair should be denied bail as he was facing serious charges in that his actions were premeditated and fall under the ambits of Schedule 6 of the Criminal Procedure Act. He may well be a threat to the family if he is released, Gangai said.
He argued that the hospital note that Nair provided was not substantial enough for him to be granted bail.
Magistrate Mpungose said the court needed to assess the impact of his mental state and determine if his depression existed before the incident.
She warned that if he were to be released the depression could impact on his behaviour and this would not be in the interest of justice.
The matter was adjourned for further medical investigation and Nair’s defence attorney was asked to provide proof of the previous ailing health conditions which he claims. He was remanded in custody at Westville Prison.
Daily News