Top cop loses claim against Tribune
A TOP cop lost the damages claim he made against this newspaper group for running a story that allegedly made him out to be a “criminal hiding behind his uniform”.
Colonel Rajen Aiyer, a former Durban Organised Crime Unit head, filed a R270 000 damages claim and a further R30 000 claim for psychiatric and psychological counselling.
The policeman filed his claim shortly after the article was published on April 28, 2013.
Durban Regional Court magistrate Geoff Abrahams handled the matter, and the trial began last year.
Once Aiyer’s lawyers closed their case, Independent Media’s’s legal representatives, Shepstone and Wylie, made an application for absolution from the instance.
They said Aiyer’s legal team had not produced compelling evidence to substantiate his claim.
Aiyer disputed at least 20 allegations made against him in the article, which included:
That he was removed from his post in the Durban Organised Crime Unit under a cloud.
His allegedly making threatening and defamatory comments about his former commander and KZN Hawks boss, General Johan Booysens.
His having numerous probes and complaints against him. His state of mind being questionable.
That he received military training from a terrorist group, The Tamil Tigers.
His boasting about how his minor son designed a Mercedes Benz C class car, and that his mother-in-law invented the KFC recipe.
Aiyer previously receiving a scolding in court from a magistrate for his conduct as a policeman.
Aiyer claimed the long list of false allegations in the newspaper was intended to “defame” him.
He said the article placed his morality in serious doubt by alleging that he abused his senior and high-ranking officers, that he had no regard for human rights and he always acted in a discriminating manner.
He claimed that the newspaper’s article, which was accessible around the world, had embarrassed him, damaged his reputation and dignity, and caused him much pain and suffering.
In responding documents, Independent claimed the publishing of the article was in the public interest and the statements made were true and reasonable steps were taken to ensure their accuracy.
Granting the application, Abrahams said nothing was presented confirming that the article was read internationally.
Aiyer was the only witness his lawyers presented, and he had not given a reason why no other witnesses were called to corroborate the policeman’s version.
He did not agree that the article had damaged Aiyer’s professional reputation because he was presently holding an acting brigadier’s post and was the head of the KZN complaints section.
Abrahams also said there were times when Aiyer’s evidence was not consistent and contradictory.
He concluded by absolving Independent, with legal costs they had incurred defending the matter.