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Durban - Charges of theft and impersonating a police officer have provisionally been withdrawn against the former policeman whose life fell apart after he won the Lotto.
The trial of Dayalin Maslamoney, 39, and co-accused Zaheer Khan, 35, was was due to start on Monday, however the State asked for the case to be adjourned because the main witness, the complainant, had failed to show up at the Pietermaritzburg Regional Court.
This is the second time that this has happened.
Maslamoney, who won R10 million on the Lotto in 2009, was charged with the theft of R250 under false pretences and impersonating police officers along with Khan.
Defence representatives for both accused, Siva Chetty for Maslamoney and Kameel Jagernath, expressed their dissatisfaction at another postponement.
Jagernath submitted that the State was prejudicing the accused by seeking a further adjournment when the defence was ready to proceed.
Magistrate Celumusa Zulu refused the adjournment requested by the State and the charges against both Maslamoney and Khan were provisionally withdrawn until such time that the State has had an opportunity to consult with the complainant, Yusuf Billy.
Maslamoney and Khan were arrested after an incident in Boom Street on February 2.
It is alleged Maslamoney and Khan knocked on the door of Billy, pretending to be police officers, and that Maslamoney then produced a name badge with SAPS insignia on it.
The two men questioned Billy about a “suspect”, and when Billy said he did not know anything, the two allegedly demanded cash. Billy allegedly handed over R250.
One of Billy’s friends who was in the house called the police. Maslamoney and Khan were arrested at the house.
Maslamoney said he was relieved the charges had been withdrawn, however he did not know whether they would be reinstated at a later stage.
“For now I am relieved,” he said, adding that the case had taken a massive toll on him and his family.
Maslamoney first hit the headlines in 2009 when his then wife, Reena, took him to court in an attempt to stop him from accessing his R10m Lotto windfall.
She said she had bought her husband the winning R50 “quick pick” ticket on April 18, 2009, and claimed in court papers that Maslamoney had squandered more than R500 000 of the R10m.
The couple were married in community of property.
The couple’s divorce was finalised in February last year, but Maslamoney said he had given his wife power-of-attorney over his financial affairs after he won the Lotto in 2009.
He denied the allegations of squandering the money, and claims that after the divorce his wife left, taking the winnings with her.
Maslamoney, who is now unemployed, launched a civil suit in the Pietermaritzburg High Court, suing his ex-wife for a half-share of their former matrimonial home in Chase Valley.