College owner sues for unlawful arrest

A BUSINESSMAN has alleged in a R2 million damages claim against the minister of police and a Phoenix policeman that he was unlawfully arrested and maliciously charged for fraud.

Vinesh Juglal, the owner of Durban Computer College in Anton Lembede (Smith) Street, has sued the minister and Colonel Reuben Govender of the Phoenix police station. The claim includes R886 108 for legal expenses and R500 000 for alleged unlawful arrest, embarrassment and humiliation.

Juglal, represented by attorney Zane Haneef, said that because police had detained him on March 2, 2012 and June 21, 2012, he had instructed the lawyer to launch urgent bail applications in the Durban High Court, which twice granted him bail.

He claimed Govender had informed him that he was under arrest because he had not returned the R12m that Durban businessman Roy Moodley and his business associate, Varish Ganpath, had paid him to lease the college premises.

According to court documents, the Roy Moodley Family Trust and Ganpath, representing the Prodigy Family Trust, paid R12m to Juglal’s company, Galaxy Films Ltd, in June 2011.

But Juglal claimed Moodley and Ganpath had breached their agreement because they did not sign the lease.

“From July 2011 to May 2012 they received R925 033 in rentals. On March 2, 2012, I was asked by Ganpath to attend a meeting in Umhlanga, ostensibly to resolve the dispute concerning the college. There I was arrested by Govender and other officers. Govender told me if I did not pay Moodley and Ganpath R12m, I would not get bail. I was released after my attorney obtained an order from the Durban High Court. I also obtained an interim order against the minister of police and Govender. In terms of that order Govender was restrained from intimidating, harassing and interfering with my liberty,’’ claimed Juglal.

Ganpath said on his instructions, his attorney had made representations to the Directorate of Public Prosecutions to determine whether there was substance in the fraud allegations.

“My attorney was told by the Directorate that the matter was still under investigation. That response was relayed in writing to Govender. I was arrested again, on June 21, 2012. Once again I was forced to seek bail relief from the Durban High Court. On February 1, 2013, Govender and unknown officers wrongfully and maliciously set the law in motion,” Juglal said. “That resulted in a prosecutor at the Durban Magistrate’s Court issuing summons against me. I was charged for fraud. It was alleged that I had induced Moodley and Ganpath to pay me R12m and that I had wilfully and maliciously held back the transfer of the property. The State, on the instructions of the Directorate, terminated the fraud allegation against me on December 2, 2013.”

He said the unlawful conduct by police had deprived him of his liberty. “I was obliged to appear as an accused in court. The police actions embarrassed and humiliated me. I was stressed and traumatised. I had consultations with doctors and had to receive psychological counselling.” Juglal also claimed he incurred substantial legal costs.

State attorney Krish Govender said his office had not yet received instructions to defend the matter.