New evidence of WhatsApp messages exchanged between slain Durban businessman Shailen Singh and his alleged killer, Ferrel Govender, has emerged in the Durban High Court.
The court was informed on Thursday that the newly discovered evidence allegedly contained the full WhatsApp conversation between Singh and Govender from October 2024 until the day Singh was shot dead on December 29, 2024.
Senior State advocate Krishen Shah told the court that the evidence came to light while the State was preparing to lead its cellphone expert on Thursday morning. He added that the new evidence did not affect Ferrel’s younger brother, Darren.
The brothers are accused of murdering Singh at Meridian Park in Umhlanga, with the State alleging that Ferrel, a former security boss, was the shooter.
Shah explained that the messages were downloaded from Singh’s cellphone and conceded that they had not been disclosed to the defence during the pre-trial conference.
“What was initially disclosed was five screenshots,” Shah said, explaining that the State was now in possession of 22 screenshots, including conversations exchanged on the day of the murder.
He told the court that he had already informed advocate Mike Hellens SC, who represents Ferrel, about the discovery and that Hellens intended to object. Shah agreed that, in the interests of justice, the defence should be allowed to examine the newly discovered evidence.
Image: Supplied
Questioning the late disclosure, Hellens pointed out that Singh’s cellphone had always been in the possession of the police and the State.
“You can’t take selected WhatsApps and say that paints a picture,” he argued.
Hellens further submitted that there was no affidavit explaining how the cellphone had been downloaded.
Shah, however, maintained that the material comprised the complete WhatsApp conversation.
“There was a pre-trial conference where none of these issues were raised. I accept that this was not previously disclosed,” Shah said.
He added that the cellphone was in court and available for inspection by the defence to dispel any suggestion that the State had selectively extracted messages.
“My colleagues can view the phone while it’s here and confirm that all the screenshots are from the phone,” he said.
Judge Mbuzeni Mathenjwa, while indicating that he was prepared to hear a formal application and make a ruling, urged counsel to first indicate how they intended to proceed, stressing that the court should avoid unnecessary delays.
Hellens said the defence would first engage with Shah to see whether common ground could be reached. Should those discussions fail, Shah indicated that the State would bring a formal application to the court so it could present the new evidence.
Image: Nomonde Zondi
After proceedings adjourned, Ferrel addressed a journalist in court, urging her to obtain court transcripts before publishing reports, saying he had been informed of inaccurate reporting.
He further stated that he intended to bring an application against the media.
Ferrel, the former Durban security boss who had previously posed for photographs before proceedings, has this week, together with Darren, refused to be photographed.
When the media, which has the court’s permission to photograph the accused, attempted to take a picture, Ferrel covered his face with the exercise book he uses to take notes.
The trial resumes on Tuesday.
