DBN man wins case in­volv­ing Roy Mood­ley

The Witness - - NEWS -

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.

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