ADVOCATE Martin Krog was on a war path as the bail hearing of his client, the 29-year-old man accused of kidnapping Siam Lee, moved into it’s eighth day at the Durban Magistrate’s Court on Friday.
Krog, on several occasions, suggested that the state’s evidence was “weak” as he grilled investigating officer, Ragan Govender about the kidnapping charge, the arrest of the Assagay man and the seizure of his black Mercedes Benz.
The pair clashed repeatedly as Govender refused to answer many of the questions, stating they spoke “to the merits of the case”.
“The accused has the right to decline to comment based on the merits of the case but you are required to answer. You are making my job incredibly difficult,” Krog argued.
As tensions peaked Krog said, “You understand the consequences of not answering? With your 25 years of experience of the police force behind you… There is no evidence to support this case and it will come back to haunt you.”
Magistrate Mohammed Motala interjected and told Krog that “bullying [Govender] is not going to make him answer”.
Govender eventually conceded to Krog’s line of questioning, saying the accused was identified as Lee’s last client on the day she was reported missing, based on an identity parade conducted after his arrest.
Earlier he had also told the court that CCTV footage had placed the black Mercedes Benz outside the premises at the date and time Lee reportedly disappeared.
Krog argued against the validity of the identity parade, as the accused’s photo had been shared with the 68 000 followers of private investor, Brad Nathanson’s Facebook page.
“He messed up,” he said. “Do you not think that this compromised the identity parade?” he asked.
“This is just one of the instances in which he had messed up,” he added.
Govender “vehemently disagreed” saying the state would deal with the validity of the evidence once they reached the trail.
He stated confidently that the state had a strong case against the accused and was confident that they would secure a conviction when the case goes to trial.
When Krog questioned Govender on the seizure of the vehicle he told the court that the former investigating officer had simply “slid open” the front gate and manually opened the garage door, after spotting the vehicle through a window.
Krog then fired back claiming he would prove the seizure had been irregular and unlawful.
The hearing was postponed to 23 and 25 May, as the investigation officer had been called to an urgent matter at the High Court.