‘No sentence will bring victim back’
Family angered over ruling
THE family of a man killed during a braai say they have been left with more questions than answers.
Two weeks ago, Naresan Govender was found guilty of culpable homicide.
On Thursday, he was sentenced to five years, of which 10 months would be in prison and the remainder under correctional supervision.
Govender stabbed Avoca resident Philendren Naidoo in the abdomen during a braai in June, 2017.
Naidoo’s sister, Melisha, said while they could begin the healing process, they still had unanswered questions.
“We are confused on how an initial charge of murder was dropped to culpable homicide with such a light sentence accompanying the conviction, especially when it was judged that it was an intentional stabbing or killing. A murder sentence usually gets 15 to 20 years, and if it was only dropped due to the alcohol input, the sentence should have followed as such and not be as light as was issued.”
During mitigation of sentence, Govender’s father, Kista, pleaded with Magistrate NC Singh to consider an alternative to imprisonment.
He said he and his wife were pensioners and that they both had suffered strokes.
Kista said he had two other children, who moved away and had to sort out their own lives and finances, and that Govender provided for them at home and paid their medical aid.
While delivering her victim impact statement, Melisha said her sibling and her sister-in-law were planning on relocating to Dubai and that he had died a month before the move.
“This case took two years to come to an end. The day my brother died, we all lost a piece of ourselves. We are hearing about what the accused’s family has been going through and that the accused sought medical help. We too needed to see psychologists. Our pain is much worse than what the accused is feeling. We need to start the process of getting some closure, and that can only begin once the accused is sent to prison.”
In handing down the sentence, Singh said she was mindful that a mother had lost a son, a sister had lost her only sibling, and a wife had lost her husband.
But no sentence, she said, would bring Naidoo back.
“Both the accused and (the) defence were present at a braai. The evidence was, there was no animosity between the two. They were friends. There was drinking, and it’s understandable as it was a friend’s birthday. On at least two different occasions, the accused and the deceased had a go at each other. Both were at fault.
“It’s unfortunate that at the end result, someone had to lose their life and the accused came out better of the two. But he has to be punished.”
Singh said while she was not God, and only God could punish people who committed crimes on earth, she was certain that one day Govender would meet his creator.
“The sentence is not easy for the accused. The accused needs to understand that someone died at his hands. He has two other siblings and it’s the duty of all children to come together and care for their parents. Given the situation, the siblings need to come in and assist their parents.
“Having considered all the facts as well as mitigation and aggravation of sentence, the accused is sentenced to five years and one-sixth of that (10 months) will be in prison and the rest under correctional supervision.”
Govender’s attorney, Ravindra Maniklall, requested leave to appeal the conviction and sentence. He said he believed another court would reach a different conclusion.
However, Singh dismissed the application.
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 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.