‘My hand was not on the trigger’

CROSS-EXAMINATION in the trial of a Reservoir Hills man accused of shooting and killing a mechanic continued in the Durban High Court this week.

Ashen Vishnudath, 29, of Stanton Street, was arrested and charged with the murder of Navendran Govender, 31, on March 6, 2019. He also faces charges of robbery with aggravating circumstances and the unlawful possession of a firearm and ammunition.

Govender was a self-employed mechanic and car restoration specialist. His home-based business was in Orleans Place in Reservoir Hills.

Vishnudath, who worked at a car rental company, bought and sold cars. He was later charged with contravening Section 117 of the Correctional Services Act – escaping from lawful custody.

The father of one allegedly stole the identity of another prisoner and used that inmate’s details to get bail and escaped from Westville Prison in August 2019. He was arrested two months later at a hideout in Umbilo.

At the start of the trial, the State, represented by senior State advocate Cheryl Naidu, alleged that Vishnudath had devised a plan to rob and kill Govender. The deceased was known to often have large amounts of cash in his possession due to his profession.

It was alleged that Vishnudath fetched Govender from his home, shot him three times in the head and face, and disposed of his body at Giba Gorge in Mariannhill. A post-mortem established the cause of Govender’s death to be a gunshot wound to the head.

Vishnudath, represented by attorney Ravindra Maniklal, pleaded not guilty to all charges, except to the contravention of the Correctional Services Act.

Vishnudath had earlier testified that Govender was his friend and work colleague and that he would never have killed him. He said while discussing the sale of a vehicle, a Nissan Almera, Govender, who was in the driver’s seat, withdrew a firearm with his left hand and pointed it at him.

Vishnudath said they began arguing and that a tussle ensued after Govender pulled back the hammer of the firearm. He said he heard two gunshots and then the firearm fell.

At the start of cross-examination by the State, an inspection-in-loco was conducted at the SAPS Vehicle Pound in Isipingo. Vishnudath was asked to demonstrate the tussle in the car. At the time, Naidu said it did not make sense for Govender, who was right-handed, to use his left hand to point the firearm as he was seated in the driver’s seat.

On Monday, Naidu continued to cross-examine Vishnudath. She said science did not support his evidence.

Naidu said the pathologist had testified that according to the post-mortem report there was no firearm discharge residue at any of the entry wounds.

“She (the pathologist) said this was a distant gunshot. The distance is more than 60cm, give or take. The doctor also said in her evidence that there would have been some burning of his hair or skin if the shot was fired so close to his head,” said Naidu.

Vishnudath responded that the pathologist was wrong.

“I don't know how she is coming to her findings.”

Naidu said the pathologist had testified that the first gunshot would have sent shock waves through Govender’s head, while the second would have rendered him unconscious.

“He had three gunshots. Can you explain to this court how he would have been able to even hold the firearm and fire a second time, and a third shot? The doctor said the second shot would have rendered him unconscious.”

But Vishnudath said: “He was not unconscious ... my hand was not on the trigger …”

Naidu said there was not only medical but ballistic and forensic evidence on the manner in which Vishnudath conducted himself on the day of the killing.

“You had met him under fake pretences. You intended to rob and kill him. You left him in the car playing with the radio, went into the house, came back, and shot him three times …”

The trial continues.