In their bid for bail, two brothers accused of killing Mount Edgecombe businessman, Shailen Singh, told the court they had not been identified as the shooter by a single eyewitness during the identification parade and this warranted their release.
This emerged during the bail application of Ferrel Govender, 40, the group CEO of Prosecure, a security company, and his brother, Darren Govender, 35, the owner of a construction company, in the Durban Magistrate’s Court on Tuesday.
On January 2, both men were charged with the murder of 32-year-old Singh, who owned Shails Trans, a logistics company.
He was shot multiple times while seated in his vehicle in a restaurant’s parking lot in Meridian Drive, uMhlanga, on December 29.
On Tuesday, Ferrel, in his affidavit, read out by his attorney Ravindra Maniklall, said: “The identification parade was held by the police for the single eye-witness to the murder to identify whether I was present on the scene of the shooting of the deceased or whether he witnessed me shooting the deceased.
“According to the identification parade the only eye-witness present at the scene of the murder of the deceased did not identify me as either the shooter nor did he identify me as even being present on the scene of the shooting of the deceased.”
Ferrel said that the interests of justice does not dictate that he be unjustly detained without bail while investigations are ongoing.
“The identification parade was held to enable the eyewitness to identify and so implicate me in the shooting of the deceased.
“The eyewitness who did not make a positive identification implicating me in the murder he witnessed significantly diminishes the strength of the State’s case against me.”
Ferrel said another “extraordinary factor” aside from his tender to stand in the parade, was that he did so while his name, photographs and videos were widely circulated in online, print and social media.
“The witness had ample opportunity over 11 days to study my available identity, yet he did not identify me as either the shooter or present at the scene of the murder of the deceased.”
Ferrel said he had voluntarily handed himself over to the police.
He said on January 1, his attorney was contacted by the investigating officer who requested that he present himself at Durban North police station on the same day, which he complied with.
“The police advised me that they were searching for two types of vehicles which they insisted that I must facilitate from my security company, Prosecure, to hand over to the police for an investigation namely, a BMW and a Ford Ranger. I complied with the police seizing both types of vehicles for their investigation on January 1 from the company premises.”
Ferrel said in his absence the police searched his home without a search warrant on December 31, 2024.
“To date my attorney and I have not been furnished with any information nor the warrant pertaining to the search of my residence or any seizures. I was advised by my brother that his home was searched on January 1 without a search warrant in his absence because he was in Gauteng.”
He added that he had also complied with court directives, which included consenting to police seizure of his firearm and providing the password to his cellphone.
Ferrel further stated that he had strong personal and social ties in the community and country at large, which would not allow him to evade trial.
The father of three sons, aged 17, 15, and 6, said he was his family’s breadwinner.
“Two of my three minor children are still attending school while the third just matriculated and will proceed to his tertiary studies to be funded by me. Their school fees combined amount to hundreds of thousands of rands for which I have been and will continue to be responsible.
“I am integrally involved in the daily lives and education of my children from their formal schooling to extra-curricular activities. We have a strong bond and they share residence with both their mother and myself,” he said.
Ferrel said he was a self-employed businessman with multiple business interests and various lawfully registered South African companies ranging from the security to construction industry, and to asset management.
“I have approximately 3 000 employees employed by me through my companies whose operations I manage on a daily basis as group CEO. I personally manage all my business affairs with a hands-on approach.
“I am the sole director of Prosecure Pty Ltd being my security company which has a national footprint across South Africa and I am well known to the police for over the many years that I have been in the security and construction industry.
“The annual wages component for Prosecure Pty Ltd was in excess of R180 million for the prior financial year,” he said.
He added that there was nobody else capable of running his businesses.
“Any incarceration of me will not only lead to my losses but risk the employment of almost 3 000 employees.”
He further told the court that he had no previous conviction or pending cases.
He also confirmed that he possessed a passport, which was handed over to the State by Maniklall in court.
Ferrel said if he was to be granted bail he would abide by any conditions imposed.
He added that he intended pleading not guilty to the charge levelled against him.
In a supplementary affidavit also handed in to the court following the directive issued by the KZN Director of Public Prosecutions that it would be a schedule 6 bail application, Ferrel said there was no evidence of prior planning or premeditation.
He said the State alleged that they rely on the doctrine of common purpose and would provide evidence showing prior planning between him and Darren.
“I submit that this will be speculation as factually there can be no evidence showing any prior planning to murder the deceased. This allegation, apart from being reckless, is false,” he said.
Darren, in his affidavit, read in the court by his legal representative, advocate Christo van Schalkwyk, said he had exceptional circumstances which warranted his release.
He said the eyewitness had also not identified him as the shooter.
Darren said he was a self-employed businessman, with 40 employees, including those working on a temporary basis.
He said he was also the co-operational manager of Prosecure, and that his concern was that his incarceration could lead to business loss.
He said he had two minor children, with the youngest being two-years-old.
Darren, who has one previous conviction and no pending cases, said if granted bail he would abide by the bail conditions imposed.
His passport was also handed over to the State in court.
The bail application was adjourned for the State’s case today (Wednesday).