DURBAN - THE defence team for three men allegedly involved in one of the July unrest killings in Phoenix tore holes in the State’s case on Wednesday during the bail hearing which will continue in the Verulam Magistrate’s Court on Thursday.
Dylan and Ned Govender and Jeetendra Jaikissoon were arrested on July 22 after a special police unit, tasked with investigating the murder of 36 people in Phoenix during the riots, obtained a video which the State claimed showed the men taking part in an attack on five men, who were walking on the road in Palmview. The trio face charges of murder and attempted murder. During the attack, Mondli Majola was killed.
Three men were left seriously injured, while one escaped. The court had seen video footage of the incident and heard evidence from a pathologist and ballistic expert on Friday.
Last week in court it was discussed that Majola’s body would be exhumed, to prove that he was shot. A pathologist’s post-mortem results revealed that Majola died of stab wounds and not gunshot wounds, as the State previously alleged before the court.
On Wednesday the defence team tore into the police task team detective Sergeant Siphosenkosi Shezi’s evidence. Attorney Carl van der Merwe, representing the Govenders, questioned why other accused in matters related to the Phoenix killings were given bail. Van der Merwe questioned Shezi if any of the other accused in the Phoenix cases were killed or attacked after being released on bail. Shezi said none were.
Van der Merwe said Shezi was under immense pressure to expedite matters and arrest people to show some statistics. Shezi told the court he was under pressure to get results. Van der Merwe said Shezi misled the court when he led evidence on the observations he made after watching the CCTV footage of the incident.
Shezi said he relied on the police photo album to determine that the dead man was shot, along with statements from officers who attended the scene and video footage. Shezi said evidence was based on what victims and survivors stated. Van der Merwe said Shezi’s testimony that six to seven people were in the bin of the bakkie was false. He said Shezi created a version that a mob was involved in the incident and that his observation skills could not be trusted.
Magistrate Irfaan Khalil said he saw five, including the driver and passenger, in the bakkie. He said three were on the back of the bakkie.
Van der Merwe said if Shezi was basing his evidence on video footage, then there was no mob seen in the footage, neither was anyone armed with pangas, knives, golf clubs, dangerous weapons or pick handles. Shezi said the court interpreter could have misinterpreted what he said in court previously.
Van der Merwe said Shezi placed evidence before the court that was not factual when he said Jaikissoon was in possession of a bush knife. Shezi said at the time of viewing the footage it was not clear what Jaikissoon carried, but he saw an object in his hand of which the front part was wide.
Van der Merwe said the Govenders had a business adjacent to the plot of land where Majola died. The business contained valuable machinery.
He also questioned the validity of the identification parade and why nobody had identified the accused.
Shezi replied that a detailed report would be in the witness affidavits. He said a J88 report was outstanding in the investigation and if he had to apply for Majola’s body to be exhumed, a new post-mortem result would be needed.
Attorney Chris Gounden said evidence presented to the court showed that his client was not part of the murder or attempted murder and that he was charged wrongfully.
Gounden said his client only waved his stick at the dead man and possibly made a swipe at his legs. Shezi did not dispute this and stated that Jaikissoon acted in common purpose when he allegedly blocked the path of Majola, which prevented him from escaping.
Gounden also disputed the validity of the witness statements when Shezi said one of them was not commissioned and the other was taken 10 days after the incident.
At present, police said 56 people have been arrested and linked to the murders in Phoenix. The suspects have already appeared in court facing multiple charges, including murder, attempted murder, and possession of firearms and ammunition.
As of last month, 18 people were arrested for their roles in the unrest that rocked KZN and Gauteng.
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