Durban: Four men accused of killing Sanjay Juggernath, a Clairwood businessman and bodybuilder, have pleaded not guilty.
The trial started on Thursday in the Durban Regional Court.
On the morning of December 22, 2018, Juggernath, 34, was shot and killed at the corner of Ganesh and Flower roads in Clairwood. According to the post-mortem report, Juggernath died of multiple gunshot wounds.
Bilal Shaik, 43, Alistair Govender, 36, Brandon Armugan, 30, and Leon Veerasamy, 30, were arrested and charged with murder. They are represented by advocate Willie Lombard.
In his plea statement, read out by Lombard, Shaik denied that he had unlawfully or intentionally killed or contributed to Juggernath's death.
He said he acted in self-defence. Shaik said he was at an event with Govender, Armugan and Veerasamy when Govender left to buy cigarettes at a nearby bar. Shaik said Govender returned shortly thereafter and informed them that he was assaulted by Juggernath and two others.
He said he and his co-accused decided to report the incident to the police. Shaik said while en route to the Brighton Beach police station, a previous problem that was experienced at that station was mentioned and they then decided to go to Montclair SAPS instead.
Shaik, who was seated in the front passenger seat, said while travelling they noticed Juggernath’s vehicle and he told Govender, who was driving, to drive on the right side of the road. Shaik said he wanted to talk to Juggernath. He said both vehicles stopped and as Govender was about to get out of the car, he heard a gun being cocked.
“I shouted for Alistair to be careful and, at the same time, I heard gunshots being fired and Alistair fell to the ground. I jumped out of the car and pulled out my licensed firearm from my shoulder holster and fired back."
He said he saw Armugan, who was seated behind Govender, get out of the car, get shot, and fall. Shaik said Veerasamy also got out of the vehicle and was shot. He said he (Shaik) was shot in the thigh.
“I had no option but to use my firearm and act in defence to save my life and my co-accused.”
Shaik said after the shooting stopped, Veerasamy dragged him into the car and Govender drove all of them to the hospital. Govender sustained a gunshot wound to the arm. Armugan was struck in the leg and Veerasamy in his arm, inner thigh, and head.
In their plea statements, they gave the same recount of the events.
The State, represented by prosecutor Sandiso Ngonyama, alleged the murder was premeditated.
Kenneth Rehman, the State’s first witness, said he and Juggernath were at a company’s end-of-year function in Clairwood on December 21. He said they, and two friends, then went to a club in the Bluff. But it was closed. They then returned Juggernath’s brother’s club in Clairwood.
He said they stayed there for a while before going to a bar in the area at around 4am on December 22. He said two other men, who were with them, did not go into the bar. Rehman said while he and Juggernath were standing at the counter, he saw Govender pick up an empty beer bottle and walk towards them.
“He hit the deceased with the bottle on the shoulder and then ran out of the bar.”
Rehman said when they gave chase, they saw Govender flee in his vehicle.
He said he and Juggernath returned to the bar and bought two drinks. Rehman said he met the other two friends on the veranda and they returned to the vehicle. He said they were en route to Juggernath’s home and were about to turn onto Flower Road when they were blocked by Shaik’s car.
Rehman said Shaik and Govender got out and that Shaik walked around the vehicle towards the driver’s side where Juggernath was seated.
“As he got closer, he fired two gunshots in the air. The deceased was in a sitting position as if he was about to jump out the vehicle. That it is when I heard rapid gunfire and put my head down.”
Rehman, who was seated behind the front passenger, said he only picked up his head when the gunshots stopped and he heard a car speed off.
“I jumped off the car and walked around to the other side, and saw the deceased laying on the ground. I called 10111 and an ambulance and just waited for the police to come. There were bystanders that started gathering.”
He said when the police arrived, an officer turned Juggernath over and found his firearm underneath him.
“He tried pulling the firearm back but it was jammed. After that, I just went and sat on the pavement.”
During cross-examination, Lombard told Rehman that according to Govender's version of events, he was assaulted by him (Rehman), Juggernath and a third person when he went to buy cigarettes at the bar.
“While he was there, he felt someone slapping him on the left side of his face. When he turned around there were three guys, who put him on the floor and were slapping him. He managed to get away and flee in his vehicle. The barman made a statement to the police that he noticed the deceased punch accused two (Govender)."
Rehman disputed this. The trial was adjourned to later this month. All four accused are currently out on bail.
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