Bail bid of Siam Lee murder accused delayed

THE bail hearing of the man accused of kidnapping, raping and killing Siam Lee was yesterday adjourned for two weeks after the investigating officer was called from the stand to deal with an emergency. The accused, who walked into the dock at the Durban Magistrate’s Court with a notebook and pen, made notes as his attorney 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.

Govender argued the accused should remain behind bars until the trial began. Krog attempted to poke holes into evidence against the accused, which Govender said was “overwhelming”. Count one of the charges is kidnapping, and according to the charge sheet, Lee was kidnapped at gunpoint.

However, Krog suggested to Govender there was no evidence to prove kidnapping took place 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 slammed Govender, saying he was being evasive in answering the 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,” said Krog.

He continued to question the kidnapping charge, saying that nowhere in the police statement was it said Lee was kidnapped.

Krog said 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, and you have no evidence of kidnapping; you have nothing to support this count,” said Krog.

Further on in Govender’s affidavit, the word disappearance was used.

Govender reiterated that police had “overwhelming evidence against the applicant and that they also had an affidavit to show the accused was the last person with Lee on that day”, and that he was also positively identified in an identity parade by a witness as Lee’s last client on that day.

Earlier, Krog described the search and seizure of the accused’s car as highly irregular and unlawful, and said that evidence linked to the accused’s Mercedes-Benz, taken from his Assagay property in January, could be inadmissible in court as a result.

Govender said blood was found in the Mercedes- Benz and DNA tests were under way. “So at this stage there’s nothing linking the deceased to the accused’s vehicle,” said Krog.

The bail application continues on May 23.