‘Friend’ found guilty of culpable homicide
FOUR days before Philendren Naidoo would have celebrated his 37th birthday, the man accused of stabbing him was found guilty of culpable homicide.
Naresan Govender, 37, had been charged with murder. However, Magistrate NC Singh reduced the charge to culpable homicide.
On Thursday, while handing down judgment in the Durban Magistrate’s Court, Singh said she had to determine if Govender had intended on killing Naidoo when he stabbed him.
Singh said if Govender had foreseen the consequences of his actions and persisted with his actions, it would be considered dolus directus, which sufficed to find someone guilty of murder.
She, however, ruled that since the men had been under the influence of alcohol and had been friends, it was not murder.
Singh said Govender had failed, or was negligent, in not foreseeing that his actions might lead to Naidoo’s death.
“In other words, he was negligent when he stabbed the deceased and he is accordingly found guilty of culpable homicide.”
Singh also had to determine if the stabbing was intentional or accidental. Govender had claimed that Naidoo had walked into the knife and that it was an accidental stabbing.
However, Singh did not accept his version.
She referred to evidence by an expert on behalf of the defence and, after listening to him and the State witnesses, and seeing the post mortem report, concluded the stabbing was intentional and not accidental.
In June 2017, Naidoo and Govender were at a home in Avoca, where a mutual friend had hosted a braai to celebrate his birthday.
During the trial, which started last year, the court heard that Naidoo and Govender had disagreements throughout the night.
One altercation led to Naidoo being stabbed by Govender, on the left side of his abdomen.
At the time, the responding paramedics were told that he had accidentally fallen on a braai fork.
Naidoo died en route to the hospital. Hours later, Govender was arrested and charged with murder.
The friends of the accused and deceased had testified that both men had been drinking alcohol.
In her judgment, Singh said although all the witnesses had consumed liquor on the night, their evidence showed they were fully aware of the sequence of events that transpired.
She said the testimony of state witness Warrant Officer Leon Audh had helped the police crack the case sooner, and that two other witnesses who attended the braai had corroborated his evidence.
“All three witnesses testified and confirmed there were altercations.”
Sentencing is expected this week.