Witness claims Phoenix tavern owner sought to frame him in July unrest trial
Image: Nomonde Zondi
A State witness in the 2021 July unrest trial involving men from Phoenix has told the Durban High Court on Friday that people advised him to leave Phoenix because Tees Tavern owner, Trevor Gopal, wanted to implicate him in the murder and inciting public violence cases in Phoenix.
Gopal is on trial with Ravine Naidoo, Tyreece Govender, and Timothy Govender for murder, two counts of attempted murder, malicious damage to property, and public violence.
Additionally, Gopal is charged with incitement to commit public violence.
The State is alleging that Gopal incited his security guards and members of the public to commit acts of public violence against black Africans visiting Phoenix during the unrest.
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Anard Chetty, a State witness, told the court that the people in the community, including Naidoo's wife, told him to leave Phoenix as Gopal wanted him to take the fall for him.
'Do you have names of these people who told you this?' advocate Jimmy Howse SC, representing Gopal, asked.
Chetty said it was word on the street, adding that people who told him are those who used to take care of his well-being as he was sleeping at Tees Tavern. He later mentioned that Naidoo's wife was among those people.
However, after a long break, Howse told Chetty that Naidoo's wife was called, and she had denied that she told him to leave Phoenix.
Howse said there was no evidence against Gopal until Chetty implicated him.
'I can't say I am the only one implicating accused two (Gopal),' Chetty responded.
Howse told him that the witness statements of the victims, who were allegedly assaulted by the accused, claim there was an informal roadblock in Phoenix before reaching the Tees Tavern.
He said the victims drove straight through it, and a person standing there was hit by the taxi's mirror.
He said the cars that Chetty had claimed earlier this week were called by Gopal after a scuffle had broken out in his tavern while the victims were there, and came from that roadblock.
Chetty disagreed with him. 'Those were Tees men,' he said.
As Howse backed Chetty into a corner about inconsistencies in his witness statements and his evidence-in-chief, Chetty asked him not to put him under pressure.
'Do not put me under pressure. Why should I be under pressure for something I had no hand in? I'm not the criminal here, nor am I somebody running illegal activities,' Chetty said.
Judge Mluleki Chithi patiently calmed Chetty down and told him to answer the questions. However, Chetty told Judge Chithi that Howse was playing tricks on him.
As the cross-examination continued, Judge Chithi had to warn Chetty not to be disrespectful and to learn to answer questions that were asked.
As Chetty got agitated by Howse, he would consistently tell him to stop playing tricks on him and ask him a lot of questions at the same time.
During the commission of the offences, Njabulo Allen Dlamini was assaulted, hit with a rock and a hammer on the head. He later died at the Mahatma Gandhi Memorial Hospital from blunt force head injuries.
Nkosikhona Madlala and Sandile Colin Sambo survived after they were also allegedly assaulted and had fuel poured on them while pallets were placed on top of them.
All the accused are out on bail. The trial would continue on Monday.
nomonde.zondi@inl.co.za
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