Things got tense at the Durban Magistrates Court on Friday after the defence said it wants its clients to be remanded at the Durban Central police station.
This was during the continuation of the bail application of Ferrel and Darren Govender.
The duo is accused of gunning down Durban businessman Shailen Singh on December 29, 2024, at Meridian Drive in Umhlanga.
After the State closed its case, Ferrel’s lawyer Ravindra Maniklall informed the court that they had approached Captain Sithole from Durban Central police station and he informed them that there was space to accommodate his client.
He stated they needed to consult with Ferrel as his security company, Pro-Secure, is being suspended.
Magistrate K Broughton asked him if they had anything in writing.
Maniklall said the defence cannot obtain anything in writing from the police station, as this can only occur through the prosecution or the police.
He asked for the court to make a ruling for the State to get permission in writing from Captain Sithole so that his client could come back from Westville Prison to the holding cells at Durban Central police station.
“It shouldn’t be impossible to get consent from the police station,” said Maniklall.
He further suggested that the matter be stood down for a few minutes so that the State could go to Captain Sithole to get permission in writing and this was approximately 14.15pm.
The public senior prosecutor, Nkululeko Msiya, said they needed to be careful with what they are doing with this case because people are watching.
“We must try to protect the justice system as a whole,” he said.
He produced papers to the court that said Ferrel was no longer the director of Pro-Secure as of January 15, 2024.
Msiya slammed Maniklall and said he approached someone at the police station without the knowledge of the State and court. He said the law states that after seven days, applicants (accused) are remanded in another facility, not the police station holding cells.
Earlier this week, the defence asked for their clients to be remanded at the police station, claiming that they needed to consult with them and that there was space to accommodate them. Magistrate Broughton allowed it.
However, Broughton indicated that there was a problem with that as Maniklall made this application.
Msiya said on Wednesday there was a shooting at the Durban Central police station and that the brigadier there raised concerns about Govenders being kept there when they should be at Westville Prison.
“They said they can’t have people being remanded there just because of who they are,” said Msiya.
Moreover, he said there was no need for the applicants to be remanded at a police station to enjoy privileges and for consultation purposes when the State has also closed its case.
Earlier this week, Msiya informed the court that the brothers have been receiving visitors freely while at police holding cells, in addition to consulting with their legal team. He said there was no need for that letter.
Msiya accused Maniklall of being smart by asking the matter to stand down looking at the time, because this meant that the Govenders were going to miss their transport to Westville Prison.
Magistrate Broughton said he was not going to break protocol and have the siblings remanded at a police station.
Meanwhile, the State said it was not going to respond to the defence after they denied Pillay’s allegations.
Msiya said they would argue about that.
Pradeep Sing, the father of Shailen, said the Govenders had been receiving preferential treatment, and he does not understand why that has been the case.
However, he said he is impressed with the investigating officer, his team, the prosecution, and the magistrate. “They don’t seem to be biased,” he said.
The matter was postponed to January 27 for arguments and judgment on the bail application.