DURBAN - THE three men accused of killing Clairwood security guard Loyiso Mbidana were on Tuesday denied bail in the Durban Magistrate’s Court, as the magistrate found they had not presented exceptional circumstances to them grant them bail.
Businessman Sagren Mariah, 49, and security company inspectors Tyson Naganna, 32, and Romalen Govender, 29, are charged with the premeditated murder and kidnapping of Mbidana. According to the charge sheet, Mariah, Naganna and Govender allegedly locked Mbidana in a room and tortured him.
Mariah also faces a charge of defeating/obstructing the course of justice. He allegedly cleaned up the crime scene. 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 was accused of stealing copper cables. He lived at the Glebelands Hostel in uMlazi.
Mbidana died after his family admitted him to Prince Mshiyeni Hospital on September 29. His cause of death was suspected to be poisoning.
Magistrate Hajra Vahed denied the men bail because they showed no exceptional circumstances in their application for bail. She noted the severity of the case and errors regarding Mariah’s bail application. She said Mariah’s statement that he was a breadwinner and was ill was not an exceptional circumstance. She said they showed no remorse and they maintained their innocence. She also said the murder was of a barbaric nature.
Mariah, in his affidavit, provided the court with a psychological report on his mentally challenged daughter. He said if he was denied bail, his incarceration would be irreversible and may even cause his daughter’s death. Vahed said the report was dated October 2007 and felt Mariah should have had an updated report.
On Monday, Brighton Beach police Detective Warrant Officer Rudolph Grobler detailed how the Local Criminal Record Centre used a chemical substance to illuminate bloodstains in a room where Mbidana was allegedly tortured in Clairwood, south of Durban. Grobler’s affidavit opposed bail and said if the men were released on bail, they would interfere with the State witnesses.
Loyiso’s sister Fundiswa Mbidana said they were happy the men were behind bars.
“We were scared they might be released and approach the family. We were also concerned about the police losing the docket. We have heard about so many unsolved murders. We did not think the police would take our case seriously. We are grateful that somehow there will be justice,” she said.
Outside court, there were scenes of jubilation. People carried placards stating “No bail for brutal killers” and “Murderers must rot in jail”. They indicated they would return in January when the case returns to court. Mbidana family spokesperson Senzo Dludla felt the accused “must rot in a dark cell”.
“It will send a strong message to others not to take the law into their own hands. It is sad the way Loyiso was killed.”
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