Father, son in fatal boulder-throwing case

THREE men, including a Durban father and son, charged with the killing of the Haffajee siblings last December, have denied any involvement in the fatal boulder-throwing incident, claiming to be wrongfully accused.

Selvan Govender, 46, his son Nathan, 23, and their employee, Qiniso Bhekithemba Gumbi, 20, each face two counts of murder.

They appeared at the Verulam Magistrate’s Court for bail last Thursday morning, looking weary and weak.

It emerged in affidavits read out in court by defence attorney Rajendra Nathalal that Selvan is a motor mechanic and his son, Nathan and Gumbi are in his employ.

In each of their statements, the trio denied any involvement in the incident and pleaded with the court for bail in order to seek a fair trial.

Both Selvan and Nathan said they were able to afford bail of R5 000.

In Selvan’s statement he said he lived with his children, which included the co-accused and common law wife at a farm in oThongathi (Tongaat).

He said should he be granted bail he would not interfere with state witnesses or tamper with evidence. He also stated that he would not endanger the community.

Selvan put forward that while incarcerated he suffered emotional and physical trauma, stating that not working was also adding a financial burden to him and his family.

He said he lived about 8km from where the incident occurred and that it was impossible to leave his home without people knowing. He also denied owning a red bakkie that was apparently used in the incident.

“It is also said a red bakkie was involved in the incident, I do not own a red bakkie. I also can confirm that I do not know the deceased.”

Selvan later blamed tow truck drivers.

“I have been wrongfully accused,” he said in his statement.

Nathalal went to read out Nathan’s affidavit which documented that he was single, had no children and had been living with his father.

He said he worked as his father’s assistant and was able to afford bail of R5 000.

“There is great misunderstanding by the public,” he said in his denial of involvement in the incident.

Selvan, however, admitted to having previous convictions relating to drugs and drunken driving.

Gumbi’s statement revealed that he was also an assistant in Selvan’s motor mechanic business and had previous convictions relating to dangerous weapons.

He said he too lived on the Govender’s property but had friends and family who live in informal settlements close by.

Investigation officer Detective Warrant Officer Ivan Padayachee later took the stand and told magistrate Vera Alamchand that five minors betweens the ages of 9 and 16 were among the key witnesses that could place the trio at the scene.

He described the State’s case as overwhelming.

Amina Haffajee, 16, and her young brother Abdul-Rahim were travelling with an elder male on the N2 towards KwaDukuza (Stanger) when their Toyota Corolla was struck with a large boulder on December 27, last year.

The boulder, thrown from a bridge in the oThongathi area, crashed through the windshield and plummeted through the car striking the Haffajee siblings.

The pair succumbed to their injuries before they reached the hospital.

The trio were arrested earlier this month. A fourth suspect is still at large.

The accused will remain in custody pending their bail application.