Claim not enough evidence to deny five men bail

ATTORNEYS for some of the men implicated in the Phoenix killings have argued in the Verulam Magistrate’s Court that there is insufficient evidence to deny their clients bail.

CCTV footage from a garage in Northern Drive, Phoenix, was played in court during the bail application of nine men who have been in jail for more than 80 days. They are: Yubandra Govender, Rinesh Mohan, Mehmood Khan, McKallen Govender, Sholan Reddy, Khalil Mohammed, Christopher Pillay, Kirosh Maharaj and Sumeeth Maharaj.

The men face charges of murder, attempted murder, robbery with aggravating circumstances and public violence.

The murder charge relates to the death of a man who was captured on CCTV footage fleeing a mob.

According to attorneys Rajen Nathalal and Chris Gounden, the CCTV footage does not show Kirosh Maharaj, Sumeeth Maharaj, Khalil Mohammed, Sholan Reddy and Rinesh Mohan committing any of the charges they are faced with.

The footage shows the garage from four different angles.

John Winkel, one of the investigating officers, told the court the suspects were charged because they acted in common purpose and did nothing to stop the attack.

During cross-examination Winkel told the court that Reddy, who was armed with a sjambok, was not pointed out in the identity parade. Neither was Sumeeth Maharaj.

He also told the court that CCTV footage showed Mohan seated inside his vehicle, a Ford Ranger, at the garage. According to a tracking device in his vehicle, he spent 10 minutes at the garage before leaving.

Winkel told the court that Kirosh Maharaj, Sumeeth Maharaj and Mohammed were seen on CCTV footage leaving the area where the victim had been killed. The killing was not captured in the footage.

“We also have a witness that would be able to elaborate more on their involvement,” said Winkel.

“If the accused are released on bail, it will cause a public outcry and racial conflict. There is still a lot of pain, suffering and anger.”

Nathalal responded: “The direction does not really mean the accused (Kirosh Maharaj, Sumeeth Maharaj and Mohammed) participated in what happened to the deceased. You cannot see beyond them walking.”

Nathalal questioned the notion that there would be a public outcry.

“This may never happen again. Do you not know about the riots in 1985 in Inanda where Indians were attacked by Africans and 1500 families removed from their land? There was no public fight.

“Look at our history and how our truth and reconciliation mandate was used in other countries to resolve issues without violence. South Africans are tolerant, respectable people who want justice and peace.”

He told the court that other suspects linked to the unrest had been released on bail and nothing had happened.

“Show me evidence of a public outcry and dangerous situation.”

Attorney Chris Gounden asked if the investigating officers had investigated the killings in uMlazi and Inanda during the unrest.

“People were not only killed in Phoenix during the unrest. They were also killed in uMlazi and Inanda. Were these killings about race? There is a perception that Indians killed Africans because they were harbouring hatred.”

Winkel responded, saying that he was not certain about the cases in uMlazi and Inanda, but did believe the accused were dangerous.

The matter has been adjourned to October 25. The accused were remanded to Westville Prison.