DURBAN - ADVOCATE Kessie Naidu SC, who was representing two Phoenix men facing murder charges after the unrest, withdrew his services on ethical and professional grounds at the Verulam Magistrate’s Court on Wednesday.
Naidu had represented Dylan Govender (accused 1) who faces murder and attempted murder charges, and his brother Ned Govender (accused 2) who faces a charge of murder.
The state alleged that on July 12, on the first day of unrest in KwaZulu-Natal, they allegedly shot and hacked Mondli Majola and assaulted four other people.
On Wednesday, Naidu was expected to cross-examine and challenge the evidence presented by the investigating officer, Sergeant Siphosenkosi Shezi.
Instead, he stood and announced that he was withdrawing from representing his clients. He told the court his decision was based on ethical and professional reasons.
Naidu said it had nothing to do with fear and what was happening outside the court and in public in general.
Magistrate Irfaan Khalil postponed the matter to Friday to allow the accused to hire another lawyer. Khalil warned the Govenders to tell their new attorney to come to court prepared for a bail hearing.
Chris Gounden, the attorney of another accused, Jeetendra Jaikissoon, told the court his client wanted his bail hearing to continue on Friday and it should not be affected by other accused’s situation. Jaikissoon too faces a charge of murder.
According to State prosecutor Nelson Mbokazi, both Gounden and Naidu had been shown video footage retrieved from a house near the crime scene.
Naidu declined to talk to the media about the reasons for his withdrawal except to say it was for ethical and professional reasons.
“I think his clients did not tell him the truth about what happened. After seeing the video himself, he realised that continuing to defend something he knew was untrue was going to dent his image. As a lawyer, you can’t do that,” Mobokazi said.
On Tuesday, during the bail application, Naidu read out the affidavits of his clients in court.
Dylan alleged that he saw a group of about 30 armed people approaching him. He alleged that he fired a warning shot into the ground.
However, in his testimony in court Shezi said the video footage clearly showed Dylan allegedly shooting Majola in the face at close range.
Shezi said he only saw five people and not 30. Shezi also dismissed claims by the accused that the five men that were attacked and assaulted in Palmview, Phoenix, were carrying weapons. Shezi said the men were walking through the residential area.
Naidu turned heads in court on Tuesday when he handed a bottle of water to the interpreter to pass on to magistrate Khalil during proceedings.
After the lunch break the magistrate told the court he decided not to drink the water and had brought it back because he had realised it would create a wrong impression in public.
Political parties and leaders in court had raised the issue and said they regarded it as a form of bribery.
The Govender brothers were arrested on July 22.
Daily News