Emergency halts Siam case bail bid
Investigating officer called away during defence cross
THE BAIL hearing of the man accused of kidnapping, raping and killing Siam Lee was adjourned for two weeks after the investigating officer who was being cross-examined by the defence yesterday afternoon was called away for an emergency.
The accused, who yesterday walked into the dock at the Durban Magistrate’s Court in a red shirt, grey blazer and navy pants, carried an exam pad and pen, taking down notes as his lawyer Martin Krog cross-examined investigating officer Rajan Govender.
“There’s already a State advocate that has been allocated to the case and she has indicated that with the evidence that we have she is confident and ready to take the matter to the high court to secure a conviction on all charges,” said Govender when asked how soon the matter could go to trial.
He believes the accused should remain behind bars until the trial.
Krog began poking holes into a case Govender described as “overwhelming” against the accused.
Count one is kidnapping and according to the charge sheet, the kidnapping was at gunpoint.
However, Krog suggested to Govender that they had no evidence to prove it happened at gunpoint.
In reply, Govender said the police had CCTV footage placing the accused’s car at the premises when Lee went missing, as well as affidavits – all of which would be presented during the trial.
Krog accused Govender of being evasive in answering this question. “I suggest to you that you don’t have any eyewitness account or CCTV footage; you have absolutely no evidence in that docket and it will come back to haunt you,” warned Krog.
He said nowhere in the statements by the police did it say Lee was kidnapped, but instead Govender’s affidavit stated Lee was reported missing.
“The choice of terminology in your affidavit is the problem, why use ‘missing’ instead of ‘kidnapped’? The choice of words here is either deliberate or by choice or you have no evidence of the kidnapping, you have nothing to support this count,” said Krog.
Later in Govender’s affidavit, the word “disappearance” is used instead of “kidnapping”.
Govender reiterated that the police had “overwhelming evidence against the applicant and had an affidavit to show that the accused was the last person with Lee on that day”.
He said the accused was also positively identified in an identity parade by a witness as Lee’s last client on that day.
Earlier during proceedings, Krog described the search and seizure of the accused’s car by the police as highly irregular and unlawful and that evidence linked to the accused’s Mercedes seized on his Assagay property in January could be inadmissible in court as a result.
Govender told Krog that blood was found in the Mercedes and DNA tests were still being done.
“So at this stage there’s nothing linking the deceased to the accused’s vehicle,” said Krog.
The bail application continues on May 23 and 25.