THE state had previously stated that it opposed bail of the man accused of kidnapping and murdering Durban North resident, Siam Lee.
However, the motivations listed by investigating officer, warrant officer, Ragan Govender in his testimony earlier this month were stripped thin by the defence’s advocate Martin Krog at the Durban Magistrate’s Court today.
In his affidavit Govender stated that he was opposed to bail as the accused had no stable employment, his businesses were “questionable” and “clandestine”, and the 29-year-old man “posed a danger to the public”.
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He also argued that the accused, who cannot be named as he also faces a rape charge, could intimate or influence witnesses or destroy “trophies” (evidence) – namely Lee’s clothing and the cell phones of the rape victim.
Govender today referred back to testimony regarding the accused’s actions towards his former fiancé, Lucky Mthembu, who alleged that the accused continued to harass her after she had obtained a protection order.
The state claims Mthembu is possession of a recording in which the accused contacted a restaurant, posing as Mthembu, and managed to obtain her contact details.
“It shows a blatant disregard for the court order,” he said.
“There is a strong chance that he could commit similar offences, as he showed a tendency to commit both violent crimes and crimes of dishonesty,” Govender said in his affidavit.
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However, Krog today argued that his client had no previous convictions, and there was no proof that the accused contacted Mthembu directly after the protection order was issued.
“He must be given the presumption of innocence,” he said.
Krog also stated that the allegations regarding the accused’s businesses and employment “was a perversion of the evidence”.
In his cross examination he argued it was highly unlikely that his client would abscond and leave behind his R4 million assets and R1.2 million stock.
Magistrate Mohamed Motala concurred, accusing Govender of generalising.
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He said while there are some people claiming that they have not been paid by the accused it did not indicate that his entire business is fraudulent.
In response to the allegations that the accused would destroy evidence Krog said, “You have had ample time to track down these items, at the expense of the accused’s liberty. What is the possibility that these items will still be found after all this time?”
Govender said based on evidence from similar cases there was a strong chance that the accused was keeping these items as trophies.
“I find it preposterous,” said Krog. “Didn’t the victim in her affidavit claim that the cellphones were thrown out of the vehicle?”
The case has been postponed until 8 June.
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