The Durban High Court rejected Ferrel Govender's bail application, stating that it was not convinced the Durban Magistrate Court erred in any way in denying the security boss bail in February 2025.
Ferrel is accused with his brother, Darren, of the murder of Durban businessman Shailen Singh. According to the State, Singh was accused by Ferrel of having an affair with his girlfriend.
He threatened him and allegedly gunned him down at Umhlanga at Meridian Drive. Fourteen spent cartridges were found at the crime scene.
Darren is currently out on R200 000 bail.
Earlier this month, the Durban High Court heard the bail appeal of Ferrel and a judgment was handed down on Thursday.
Judge Mfuniselwa Nkosi said Magistrate Kevin Broughton, who refused Ferrel's bail, was meticulous in his weighing of the interests of justice against the right of Ferrel to his freedom.
Judge Nkosi said Broughton took into account that the State brought prima facie evidence that Ferrel was the one who shot Singh, particularly in the absence of any evidence in rebuttal adduced by him.
“The firearm allegedly used in the commission of the offence had not been recovered, coupled with appellant’s (Ferrel) failure to surrender his firearm to the investigating officer after he was ordered by the court,” he said.
Nkosi said this made Broughton believe and rightly so that there was a likelihood that Ferrel would endanger the safety of witnesses or potential witnesses in the matter, including the said girlfriend.
Moreover, Judge Nkosi said Magistrate Broughton took into account the fact that the shooting happened in broad daylight.
Nkosi said it must be kept in mind that Ferrel did not deny being present at the crime scene around the time of Singh’s shooting.
Judge Nkosi said instead, that the evidence of the investigating officer was that the brothers admitted that they were present at the crime but said it was only for a short period.
“Besides, no evidence was produced by the appellant himself to refute the State’s evidence that he was present at the crime scene,” Nkosi added.
He said the fact that one of the eyewitnesses failed to identify Ferrel at the identification parade “does not necessarily negate the other evidence that not only was he at the crime scene, but he was also the one who shot the deceased”.
During the initial bail application, the defence vigorously argued to have the State bring in documents of what transpired at the identification parade.
The State maintained that this was the evidence that would be used during the trial. It did not dispute that Ferrel was not pointed out.
The State public prosecutor Nkululeko Msiya had also said that this was not the only evidence they had to prove that Ferrel was the shooter, but that it would be examined during the trial.
Magistrate Broughton at that time said the court had enough evidence to make its decision, and that the identification parade documents were not needed.
Judge Nkosi said he saw no reason to interfere with Broughton’s decision on this.
“The appellant’s appeal against the magistrate’s refusal of his bail application is hereby dismissed,” Judge Nkosi said.
The brothers would be back in court on May 26.