Durban - The corridors of the Verulam Magistrate's Court were filled with the sound of weeping as two brothers and their aunt were found guilty of murder.
On one side of the corridor, the family of Donovon Bradley Govender cried because they finally got justice for his killing.
On the other side, the family of brothers Elijah and Mathew Chetty and their aunt Rangini Pillay watched helplessly as they were taken to Westville Prison.
Govender, 29, a long-distance truck driver, was stabbed in his arm and thigh and also assaulted with a hockey stick during a dispute in December 2020 in Phoenix. The father of two was taken to Mahatma Gandhi Memorial Hospital where he died.
Hours after his death, police arrested Elijah, now 20, Mathew, 21, and Rangini, 41, at their homes in Phoenix.
The matter went to trial in January this year. On Friday, magistrate Betty Rawheath found them guilty of murder.
In her judgment, Rawheath said the evidence during the trial consisted of witness accounts by Leo Sewmungal, Damian Pillay and Nicolene Pillay.
Referring to Sewmungal’s evidence, Rawheath said, he worked with Govender and was a passenger in his vehicle on the day he died. She said Sewmungal testified that Govender's car collided with an e-hailing vehicle in which the brothers' mother, Krishnaveni Ramsamy, and sister were travelling.
Ramsamy and Rangini are sisters.
Sewmungal told the court that Govender fled to his home after the collision because some men wanted to attack him. However, he heard that Ramsamy was injured and while returning to the scene, was flagged down by his friend Damian Pillay.
Govender told Damian what happened. Damian then got into the car and they went to the accident site.
At the scene, Elijah went to Govender's car and stabbed him in the arm. While Govender was trying to get out of the vehicle, Mathew then stabbed him in the thigh.
Sewmungal got out of the vehicle and fled. He called Nicolene, the third witness and their employer, for help.
Damian testified that he witnessed the stabbing and watched Rangini use a hockey stick to hit Govender over the head three or four times. Govender managed to walk across the road where he collapsed.
Nicolene testified that when she arrived she saw blood in the car. She found part of a knife and Govender's wallet on the ground near the car.
Nicolene saw Govender on the floor. His pants was covered in blood. She called out to him but was unresponsive.
Sergeant Niren Hurrinath, of Phoenix SAPS, arrived at the scene and Damian reported the incident to him. Hurrinath later found out that Govender had died in hospital.
Damian accompanied Sergeant Hurrinath to the homes of the accused where he pointed out the brothers and the aunt. The hockey stick used to beat Govender was found in the house.
The brothers and aunt denied the allegations. They claimed that Govender tried to assault Ramsamy and stabbed Mathew in the arm. All three accused did not know how Govender had sustained his stab wounds. They claimed he was assaulted by bystanders.
In her evaluation of the evidence, Rawheath said the court had taken into account the value of the testimonies. She said the post-mortem findings were consistent with the witnesses’ explanations.
Rawheath said the stab wound to the thigh was the most vulnerable part of the body when Govender got out of the car.
“The accused said they don't know how the deceased got his injuries. The accused could have seen where the blood was. Blood was inside the car. He was stabbed fatally inside (the car) and was not stabbed outside. For the accused to say that they don't know (how he was injured) was a fatal flaw.
“To claim that other bystanders assaulted the deceased is an improbability because of Nicolene's evidence. She gave no evidence to suggest the crowd assaulted the deceased.
“Leo Sewmungal gave evidence that is clear and forthright. He seemed afraid of accused one (Elijah) and he fled from the scene.”
The matter was adjourned to November.
Rajen Nathalall, the attorney for the accused, asked for a presentencing report to evaluate the accuseds' personal circumstances before sentencing.
Govender's parents Krish, 61, and Radha, 62, held each other and cried after the court proceedings.
“He was our only son. It has been a difficult two years. We have had sleepless nights thinking about whether or not we were going to get justice. My son had his entire life ahead of him and it was snatched away so quickly.
“He loved his children and they miss him a lot. We are never going to get our son back but we are a step closer to justice. We hope for lengthy sentences,” said Krish.
Sagren Chetty, the father of the brothers, said: “I feel depressed. They are my youngest children and are not violent boys. They work hard to take care of me and their mother. We hope they get a suspended sentence or will have to report to the Phoenix police station without jail time.”
Ramsamy said: “My children defended me and my sister did nothing wrong. They were worried I was hurt. The witnesses are lying and this is unfair to my children.”
Ragini's daughter, Isabella Pillay, said her mother did not do anything wrong. She said she was concerned about her mom's health.
“She has a heart condition and she went for a double bypass surgery. She is not violent and this is an injustice to our family. My mother is innocent.”
The Post