IOL Darren Govender has previous convictions of drug possession and driving under the influence of alcohol the court heard.
Image: Jolene Marriah-Maharaj
During the bail hearing at the Durban Magistrate's Court on Wednesday, the attorney of Darren Govender said he failed to recall that he had a previous conviction of drug possession.
His attorney told the court that the matter happened 14 years ago.
Govender, 35, and his elder brother Ferrel Govender, 40, are facing a charge of murder.
They are accused of killing Shailen Singh, 32, on December 29, 2024, and are applying for bail.
The brothers are facing a Schedule 6 bail application, in which the State alleges that the murder was pre-planned and the accused have to provide the court with exceptional circumstances as to why they should be released on bail.
The State alleges that Ferrel fired over 10 shots at Singh in a parking lot on Meridian Drive in Umhlanga. Singh had been seated in his white Toyota Hilux bakkie which was still idling when he was murdered.
The State further alleges that Ferrel, was fueled by jealousy because he suspected his girlfriend of having an affair with Singh.
The two men allegedly traveled, in a black BMW X5 and a black Ford Ranger.
During the bail application which began on Monday, the court heard why the brothers should be released on bail.
Ferrel, the director of Pro-Secure, said he needed bail as his business and 8,000 employees could not operate without him and their livelihoods were at risk.
In addition, Ferrel said he believed that the single witness during the identity parade held by police on January 8, 2024, did not identify him at the scene of the crime.
However, the State in their affidavit by lead investigator Warrant Officer Kumarasan 'Bob' Pillay said that another witness did not attend the parade as he identified Ferrel at the scene so there was no need.
Darren, who is a father of three, denies the allegation that he acted in common purpose with his brother in the alleged murder of Singh and that he intends to plead not guilty.
"I have every intention to defend myself against the allegation, stand trial, and clear my name," said Darren in an affidavit.
He said that both he and his brother supported their elderly mother.
However, the State in their affidavit said that while Darren had no pending cases, he did have previous convictions.
The cases are as follows:
Possession of Drugs- In 2010 he was fined R2,000 or four months imprisonment wholly suspended for five years.
Driving under the influence of alcohol - In 2018, Darren was fined R5,000 or 10 months imprisonment, half of which was suspended wholly for a period of three years.
On May 4, 2011, Darren was arrested for pointing a firearm, assault, and intimidation in Phoenix.
He failed to appear in court on July 28, 2011 and a warrant of arrest was issued against him.
Darren appeared in court a month later. According to the State, the docket was not in court on 3 occasions and the matter was subsequently withdrawn, pending further investigation.
In court on Wednesday, video evidence was shown to the court, which was held in-camera.
The case was adjourned to Friday.
The brothers were remanded to Westville Prison.
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