Durban – Two friends who killed a man they had been drinking with and then robbed him of his bank cards have been jailed to life behind bars.
Bavanandan Moodley and Lazaraus Pillay, both 42, were convicted for the murder of Sivalin Govender in June 2021.
Judge Mohini Moodley found that despite the men trying to put blame on each other, both had acted in common purpose and that their intention was to kill and rob Govender.
During the trial the court heard that Moodley and Pillay lived on the same property and often drank together.
On the day of the murder on June 25, 2021, both the accused went to Sentra (a local shopping centre) and began drinking alcohol with money that Pillay had taken from his wife.
While drinking, Moodley decided to go to Govender’s work place to ask him to join them, but his boss refused to let him go early.
Govender then joined both the men after he finished work that same afternoon.
While drinking Moodley decided to leave both men and went to a supermarket and enquired from a security officer whether the store sold eye drops and brake fluid.
He intended to spike Govender’s drink to reduce his resistance.
Pillay was aware of Moodley’s intention.
Moodley did not manage to get the eye drops or brake fluid and returned to the place where both men where drinking.
During this time, the men pulled out a hammer from Pillay’s bag and assaulted the deceased.
They then dragged Govender’s body away from where they were sitting into a pathway.
Govender was still alive at this time.
The accused then went back to the spot they were drinking and then took Govender’s bank card and withdrew money from his account.
They then proceeded to the Orissa pub where they drank and gambled.
Both men spent the night together.
The next morning they returned to where they left the deceased and dragged his body further into the bush and covered it with branches.
The hammer used in the attack was subsequently thrown away by Pillay.
On June 25 Govender was reported missing by his family and his body found by SAPS K9 unit on June 29.
Moodley was first arrested by the police and Pillay, who fled to Phoenix, handed himself over to the police.
In her judgement Judge Moodley said while Moodley was the mastermind behind the killing, both men acted in common purpose because Pillay needed the money.
She also rejected the version that they were so “drunk that they did not know what they were doing”.
“They had the presence of mind to assault the deceased, and leave him badly injured to die while they withdrew money out of his account with which they gambled and drank.”
Judge Moodley jailed both men to life behind bars for the murder and 15 years for the robbery.
She found that there were no substantial and compelling circumstances to warrant a sentence lesser than the prescribed minimum.
IOL