Durban - Former KwaZulu-Natal judge president Chiman Patel has signalled his intention to go after the National Prosecuting Authority for R3 million in damages for malicious prosecution.
This comes after Judge Patel was charged with crimen injuria relating to alleged remarks he made to a stationery clerk in his chambers at the Durban High Court in October 2013.
On the day the matter was to go to trial in the Durban Regional Court in December last year, the NPA withdrew the charge but provided no reasons for that decision.
Judge Patel’s attorney, Craig Woolley, has now sent a letter of demand to the office of the national director of public prosecutions and the provincial prosecutions boss, Moipone Noko.
The letter says Judge Patel suffered damages as a result of the charge in respect of contumelia (insult or indignity), embarrassment, and impairment of his dignity, reputation and humiliation.
It also says the service of the summons in the criminal case was effected on October 23 last year, on Diwali, “probably the most auspicious occasion” for Hindus including Judge Patel. Neither the clerk, Lindiwe Nxele, nor the NPA had reasonable or probable cause to proceed with the charge against the judge, it says.
KZN Society of Advocates chairman Rajesh Choudree said it was significant that Judge Patel had chosen to initiate a legal process.
“It is almost unprecedented that such a step has been taken by a former judge who held what is considered as one of the senior positions in the country. The parties involved in the prosecution and the complainant in the criminal matter would have to seek appropriate legal advice on how the potential action should be dealt with.”
The NPA declined to comment on Sunday.
The Mercury