DURBAN - Businessman Sagren Mariah, 49, and security company inspectors Tyson Naganna, 32, and Romalen Govender, 29, have been denied bail, the three are charged with the premeditated murder and kidnapping of security guard Loyiso Mbidana.
On Tuesday Magistrate Hajra Vahed denied the men bail.
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 security guard Loyiso Mbidana was tortured in Clairwood, south of Durban.
Grobler’s affidavit opposing bail for three men accused of Mbidana’s murder was submitted to the Durban Magistrate’s Court on Monday.
According to the charge sheet, Mariah, 49, Naganna, 32, and Govender, 29, face are alleged to have locked Mbidana in a room and tortured him.
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.
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.
Mariah’s attorney, Sunil Singh, told the court that Mariah was self-employed, had three children, was married and had an R1.5 million bond to repay.
According to Mariah’s affidavit, should he be granted bail, he had an alternative address in Johannesburg from where he could conduct his business.
Mariah said he owned trucks with 10 permanent employees who are dependent on him. He suffered from depression and relied on prescribed chronic medication which, he said, was not available at the Department of Correctional Services, Westville, where the men are being held.
Mariah said five people in his family are dependent on him. His business has come to a standstill and employees are awaiting their wages. He said he had a mentally-challenged child with special medical and schooling needs. He said if he was not granted bail it would prejudice his employees and family and may even cause his daughter’s death.
Mariah asked the police to check his vehicle tracking systems. He said this would indicate that his trucks had not been working. He did not have an income.
Singh said Mariah, at his first court appearance, provided the police with the names of the people who administered the liquid to Mbidana and was surprised those people had not been arrested.
“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 which have the threat of them interfering with witnesses,” Singh told the court.
Naganna 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 said he was advised that the dead man was stealing and had questioned him. Both Naganna and Govender said they did not participate in the killing or torture of Mbidana.
Naganna 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’ time to their second child.
In Grobler’s affidavit to the court, read out by prosecutor Raeesa Shaik, he said a report was received that Mbidana died under strange circumstances. Mbidana died of organ failure.
Grobler said Mbidana stated that he was assaulted by his supervisors at work together with the owner of the premises and his workers. Grobler said Mbidana declared to others that they used pliers to remove his teeth and a 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.
Grobler said he visited the crime scene in Clairwood and noticed that the building was cleaned and there were no traces of blood. Grobler said whoever did this was trying to conceal the crime that had taken place.
Grobler said he called in the Local Criminal Record Centre, which used a chemical substance named Blue Star and this illuminated several places in the room where blood was present, including the floor and walls.
Grobler said when Mbidana came on duty he was taken by his supervisors, Naganna and Govender, to Mariah’s premises. Grobler said Mariah should have opened a criminal case of theft against Mbidana.
"The modus operandi used to commit these horrific acts of violence has escalated to a point where loss of life was endured. The men could interfere with witnesses if they were released on bail,“ said Grobler.
Shaik said Mbidana described in detail the role the three men played. She said the accuseds’ wives could tend to the children while the men were awaiting trial.
Grobler said if the men were released on bail, even with stringent bail conditions, this would serve little purpose as it is not possible to monitor them every moment of the day.
To comment on this story, send a WhatsApp message to BackChat on 071 485 7995.
Daily News