A magistrate’s son tried desperately to break free from a knife-wielding attacker during a bust-up outside a Durban nightclub recently, but failed.
A policeman, who testified in court this week after viewing CCTV footage of the attack, said the alleged attacker was “fast and vicious” and lashed out multiple times with an Okapi knife at his victim.
Bryson Kyle Munilall, 27, succumbed to his injuries in the car park, outside the Dance Café Nightclub on November 5.
Munilall, whose father Bryan is a Port Shepstone-based magistrate, was heading to his car with his sister and two other people when the trouble started.
Joeash Govindsamy, 28, and his wife, Aveshnee Naidoo, 21, of Phoenix, were arrested shortly after Munilall’s death and both have been charged with murder.
Their respective bids for bail continued before magistrate Anita Hariram at the Durban Regional Court on Tuesday.
Prosecutor Calvin Govender represented the State.
Captain Sanjay Arunjeeth, of SAPS Greenwood Park, who assisted with the investigation in this matter, was called to testify.
He had sight of the video footage in question.
Describing the alleged knife attack on Munilall, Arunjeeth said it was a ghastly experience “as a human being to see what he (Govindsamy) did".
He profiled Govindsamy and discovered that he had previously been convicted of attempted murder and received a wholly suspended five-year prison sentence.
“Govidsamy was arrested on 24 previous occasions and 99% of the time it was for assault and grievous bodily harm and his weapon of choice is a knife,” Arunjeeth said.
“He has been arrested from the time he was 15 years old but our system does not give sentencing details because he was a juvenile.”
Arunjeeth said he was uncertain why the assault GBH (grievous bodily harm) cases, Phoenix matters, were withdrawn.
About Govindsamy’s claim, during his testimony in a previous sitting, that Munilall had a pair of scissors, the policeman said the deceased was not armed at any stage.
Arunjeeth said, having observed the footage, the deceased and the others with him were near their car when Govindsamy, Naidoo and another woman called out to Munilall’s group.
After what seemed like a verbal exchange, Naidoo started the fight when she struck Munilall, who did not retaliate.
Arunjeeth said Munilall was then struck by the other woman. After being assaulted a few times, he defended himself by pushing his attackers.
Govindsamy’s head was covered by the “hoodie” he wore.
He got into a fight with the deceased, while Naidoo fought with Munilall’s sister.
Arunjeeth said Munilall won the fist fight with Govindsamy. After he dropped his opponent to the floor, he backed off and tried to help his sister.
“The accused got to his feet and went after the deceased and pulled out a knife and started to stab him.
“The deceased tried to defend himself and get away, but Govindsamy was relentless, he focused on him.
“You could see the deceased was covered in blood as he was walked to his car, but Govindsamy stabbed him again.”
Arunjeeth said that his investigation revealed that Govindsamy was from a notorious area in Phoenix called “High Chaparral”.
“He had a reputation of being a gangster and not afraid to use a knife.
“A witness who lived near Govindsamy said she was terrified of him.”
Arunjeeth said Naidoo also had a pending assault case and the outcome of the matter was unknown.
He said Naidoo’s behaviour in the footage was “totally unbecoming”.
“I oppose bail for both of them.”
Arunjeeth also told the court that staff at the club claimed to have received calls from drug dealers, asking them not to give statements and share evidence with police.
When cross-examined by Chris Gounden, the couple’s attorney, he said he did not have evidence to confirm that the 24 times Govindsamy was charged were not “false cases”.
Both Gounden and Arunjeeth held differing views on whether Govindsamy was a minor when he was convicted of attempted murder.
Gounden said it was the first time that Govindsamy had been charged with murder.
When Gounden asked Arunjeeth what had started the fight, he said Govindsamy claimed that the car Munilall and the others were walking towards was his.
“Govindsamy was confused about whose car it was.”
Arunjeeth also said he did not know about Govindsamy’s car being stolen on the night.
Gounden asked that bail be granted as the couple had two minor children, and Govindsamy was self-employed
Govender said bail should be refused for both because of the overwhelming evidence, as per the video footage, and there were guardians caring for the children at present.
The matter has been adjourned to this week.
SUNDAY TRIBUNE