DURBAN - A BAIL decision is expected on Tuesday in the Durban Magistrate’s Court for three Clairwood men accused of the premeditated murder of security guard Loyiso Mbidana.
Sagren Mariah, 49, Tyson Nagana, 32, and Romalen Govender, 29, applied for bail on Monday. They are accused of hitting Mbidana with a baseball bat, whipping him, using a pair of pliers to remove his teeth and giving him an unknown substance to drink at the premises he was guarding in Clairwood.
Mbidana died after his family admitted him to Prince Mshiyeni Hospital on September 29. He was accused of stealing copper cables.
According to the charge sheet, all three men face charges of premeditated murder and kidnapping.
Mariah also faces a charge of defeating/obstructing the course of justice. “On or about September 29 near a Logistics company in Clairwood, Mariah, did unlawfully and intentionally defeat or obstruct the course of justice by cleaning up the crime scene,” read the charge sheet.
Mariah’s attorney Sunil Singh told the court that Mariah was self-employed, had three children, was married and had a R1.5 million bond to repay.
Mariah said, in his bail affidavit, that should he be granted bail, he had an alternative address in Johannesburg from which he could conduct his business.
Mariah said he owned trucks and had 10 permanent employees who were dependent on him.
According to his affidavit, he suffered from depression and relied on prescribed chronic medication, his family were dependent on him and his business had come to a standstill and his employees were awaiting their wages. He had a mentally challenged child with special medical and schooling needs. He said that if he was not granted bail it would prejudice his employees and family, and may even cause his daughter’s death.
Singh said Mariah, at his first court appearance, provided the police with the names of the people who administered the liquid to Mbidana.
“It has come as a surprise that those persons have not been arrested and placed before the court. The detective’s submission is that the safety of the witnesses is of concern, which we find to be totally contradictory as there are suspects outstanding with the threat of them interfering with witnesses.”
Nagana and Govender were represented by Lloyd Moonean. He said part of his clients’ duties as inspectors was to transport security guards to and from various sites. Moonean said Mbidana was a reserve guard on September 28.
Govender, in his affidavit, said he was advised that Mbidana was stealing, and questioned him. Both Nagana and Govender said they did not participate in Mbidana’s torture or killing.
Moonean said both his clients earned R4 500 per month and lived from pay cheque to pay cheque. Nagana said he had a 2-year-old daughter. Govender had a 6-year-old child and his wife was expected to give birth in a few weeks to their second child.
Brighton Beach SAPS investigating officer Detective Warrant Officer Rudolph Grobler’s affidavit stated that a report was received that Mbidana had died under strange circumstances.
“Mbidana said he was assaulted by his supervisors at work, together with the owner of the premises and his workers. Mbidana declared to others that they used pliers to remove his teeth and part of his upper lip. They then forced him to drink an unknown fluid which caused a burning sensation in his body. He stated that he was tied up with cable ties and assaulted with golf clubs and several other objects,” read his affidavit.
Grobler said he visited the crime scene and noticed the building had been cleaned and there were no traces of blood. Grobler said whoever did this was trying to conceal the crime. He said the Local Criminal Record Centre used a chemical substance that illuminated several places where blood was present, including the floor and walls.
“When Mbidana came on duty he was taken by his supervisors Nagana and Govender to Mariah’s premises. Mariah should have opened a criminal case of theft against Mbidana.”
Grobler said the three men could interfere with witnesses if they were released on bail.
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