DURBAN - A DURBAN police officer and his two co-accused, who are facing charges of murder and attempted murder in connection with incidents that took place during last year’s unrest, have been granted bail.
Police officer Sergeant Meghendren Naicker, Devash Benipershad and Dion Chetty were granted bail yesterday in the Verulam Magistrate’s Court.
The court heard that Naicker, Benipershad and Chetty were among nine accused who have been charged in connection with the crimes. The six other suspects were previously released on bail.
It is alleged that the nine suspects attacked people in Verulam and assaulted them with various weapons.
In his application for bail, Naicker said, in an affidavit, that he is a breadwinner and he would not be able to provide for his family if he were to remain incarcerated.
Naicker added that it would be in the interest of fairness that he be granted bail as the six other accused were granted bail.
He added that while out on bail he would be able to meet with his attorney and better prepare for the trial.
He also said that he posed no flight risk, does not have any other pending cases or charges and will not compromise the investigation.
Naicker further added that conditions in the police holding cells were detrimental to his health and he was feeling very weak and sick.
He added in his statement that he had been placed on suspension by the SAPS following his arrest.
Chetty said in his sworn affidavit that he suffered from a heart condition and that keeping him incarcerated would affect his health.
He said he had a letter from his doctor as proof of his condition.
He added that he was a business owner and was struggling to make ends meet.
Benipershad said, in his affidavit, that he had a medical issue with his leg that had gotten worse since he was incarcerated. He said that if he was released on bail he would be able to get the necessary medical treatment.
Both Benipershad and Chetty also said that they posed no flight risk and had no passports and travel documents.
The State said the murder charge was a Schedule Six offence while the attempted murder charge was a Schedule Five offence and that it was not opposed to bail.
Magistrate N Gcolotela granted bail to the three applicants in the amount of R5 000 for the murder charge and R2 000 for the attempted murder charge.
Gcolotela said the defence had set out exceptional circumstances that warrant their release and the State had not opposed bail.
She added that she was imposing stringent bail conditions that the accused had to follow including that they needed to report twice a week to their nearest police station and relocate to another residence.
She added that the three accused would have to make themselves available for an identity parade on a date still to be confirmed.
The matter was adjourned to February 16 for further investigation.
THE MERCURY