Durban - AN ELDERLY Reservoir Hills father said his “worst nightmare” had become a reality this week when the man believed to have shot and killed his son was acquitted of the murder charge.
“I’m shocked at this outcome. It has left me with more questions than answers. “There’s nothing I can do, and this is very hurtful,” said Sam Govender after judgment was handed down in the Durban High Court on Wednesday.
His son, Navendran, a self-employed mechanic, was allegedly shot three times in the head by Ashen Vishnudath, 30, who then fled to Joburg after dumping the deceased’s body in the vicinity of Giba Gorge, near Pinetown. Navendran and Vishnudath were believed to be acquaintances, and the shooting occurred inside a Nissan Almera parked outside Vishnudath’s home in Reservoir Hills on March 6, 2019.
It emerged in court previously that Vishnudath’s attempt to sell the Almera to Navendran, who specialised in restoring cars, was allegedly a ruse. Instead, it was alleged that Vishnudath planned to ambush the deceased, who was known to carry large sums of cash.
Unlawful possession of a firearm and ammunition, robbery with aggravating circumstances, murder, fraud and escaping from lawful custody were the charges Vishnudath faced.
The sixth count related to Vishnudath’s escape from Westville prison in August 2019 – while he was on trial for the crime in question – by pretending to be someone who had been granted bail. Judge Jacqueline Henriques only found him guilty on the first count of unlawful possession of a firearm and for escaping from jail.
Vishnudath’s version in court was that there had been a tussle for the firearm, which Navendran had produced and pointed at the accused. Vishnudath had then acted in self-defence as the shots went off by turning the gun away from him. His attorney, Ravindra Maniklal, said a gun had been pointed at his client, who had been forced to act in the manner he did.
Forensic evidence indicated the bullets that struck Govender had done so at different ranges each time, which indicated the “intricacies of how the deceased was shot” and the position of his body in the car.
While it became apparent to Henriques that Vishnudath was not being truthful in giving his version of events, she was mindful that, although he was a “liar and evasive”, it didn’t mean his version had to be rejected. She therefore acquitted him on the murder charge. She was also mindful that there was no onus on Vishnudath to “prove his innocence”.
“Once his version is reasonably possibly true, he is entitled to the benefit of the doubt.” Henriques said that, in considering all the charges, she “viewed the entire mosaic of the evidence” and did not look at it merely in respect of each count. “I have come to my decision based on an evaluation and consideration of the evidence in its entirety.”
Henriques said she had also exercised the greatest caution in doing so. “To the Govender family: Uncle Sam, if I may call you that, you have attended every court sitting, and I watched the pain and agony on your face as you would hear the evidence … but I had to apply the law to the facts.”
To Vishnudath, she said: “I don’t believe you told the truth in court, or that you are not responsible for intentionally killing the deceased. But that you are a liar is not a reason enough to find you guilty.
“You will have to live with the knowledge for the rest of your life that someone you profess to be your friend died at your hand.” Henriques told his father, Raj, that he too had to live with what his son had done. Afterwards Raj said there was nothing he could do to change the outcome.
He said the entire saga had taken a huge toll on his wife and his health, as well as their finances. “We had many sleepless nights, and I came to court prepared for the worst. Now we can move on with our lives.
SUNDAY TRIBUNE