DBN man wins case involving Roy Moodley
DURBAN — A Durban businessman, who said he was harassed and thrown into jail several times by a policeman at the behest of controversial racehorse owner Roy Moodley, has won his case against the minister of Police.
Vinesh Juglall, who lives in Umhlanga, lodged his claim against the minister and Durban North station commander Colonel Reuben Govender in July 2014.
Last week the matter was set down for trial in the KwaZuluNatal High Court in Durban. But it did not proceed until last Friday when two of his three claims were settled on the issue of liability only.
He has claimed about R1,5 million in damages and legal costs, but the amount he will be paid will now be negotiated or argued at trial.
A third claim has been set down for trial in August.
Last year, News24 exposed an alleged “chummy relationship” between Moodley and the senior police officer. This was after it was revealed that Govender had sought and obtained a warrant of arrest against journalists and authors Jacques Pauw and PieterLouis Myburgh.
The complainant was Roy Moodley, who had been named in their books as being one of President Jacob Zuma’s benefactors.
After Durban senior public prosecutor Sagren Naidoo declined to authorise the warrants, Govender approached a yet to be named magistrate at Ntuzuma Magistrate’s Court who signed off on them, on the basis of charges of fraud, uttering and criminal defamation.
However, at a unique court hearing, senior provincial police officer Brigadier André Holby applied for the warrants to be set aside.
This was granted by Durban Magistrate Irfaan Khallil, who also ordered investigations into Govender and the unnamed magistrate.
Holby also laid a criminal charge against Govender, which has been referred to the Independent Investigative Police Directorate (IPID).
IPID spokesperson Moses Dlamini confirmed an investigation was under way, but was not complete.
Juglall, in his application in which he sued the minister and Govender, said he had been involved in a business deal with Moodley over the sale of a property in Anton Lembede Road (formerly Smith Street) in the Durban city centre to Moodley for R12 million.
Juglall says he was summoned by Moodley to a meeting at an attorney’s office, ostensibly to resolve the dispute, on March 2, 2012.
When he arrived there, Moodley was absent and he was arrested by Govender on a charge of fraud, alternatively theft, without a warrant.
He was detained at Phoenix police station until the following morning.
He said Govender told him that he would stay behind bars until he settled the matter or paid back the R12 million. Eventually, he was released after his attorney brought an urgent application in the high court.
While Juglall’s attorney, Zane Haneef, made representations to the office of the National Director of Public Prosecutions on the merit in the allegations of criminal conduct which justified his client’s arrest, Govender arrested Juglall again — again without a warrant. Juglall was held at the Phoenix police station and only released after another urgent high court application.
The third claim for more than R600 000 — which has not been settled — involves a third arrest in February 2013. — News24.