MAG­IS­TRATE MUST RE­CUSE HER­SELF — NAIR

The Witness - - NEWS -

KESSIE Nair’s de­fence team wants the mag­is­trate who de­nied him bail to re­cuse her­self be­cause she found that Nair “did not ap­pear to be re­morse­ful” dur­ing her judg­ment in his bail ap­pli­ca­tion.

Nair’s lawyer, Kerusha Ariyan, told the Veru­lam Fam­ily Court yes­ter­day that they were not pleased that Mag­is­trate Ncumisa Gcolotela had said she was un­happy with Nair’s con­duct dur­ing the bail ap­pli­ca­tion.

Nair, a for­mer Dur­ban coun­cil­lor and con­victed fraud­ster, is charged with mul­ti­ple counts of crimen in­juria and two of in­cite­ment of pub­lic vi­o­lence af­ter he posted a video on Face­book call­ing Pres­i­dent Cyril Ramaphosa the k-word.

“The mag­is­trate has found him [Nair] guilty be­fore the trial,” said Ariyan.

Pros­e­cu­tor Carl­son Govender said the state was against the re­cusal be­cause Gcolotela “was en­ti­tled to make such find­ings”.

Gcolotela post­poned the mat­ter to Novem­ber 21 for judg­ment on the re­cusal ap­pli­ca­tion. — News24.

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