Arrest of Durban businessman raises eyebrows

Handcuffs and fingerprint record sheets, closeup. Criminal investigation

Handcuffs and fingerprint record sheets, closeup. Criminal investigation

Published Apr 16, 2024

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Durban businessman, Ashveer Dwarikapersadh, accused of fraud, uttering and money laundering, was arrested on Monday at the OR Tambo International Airport.

Dwarikapersadh appeared briefly in the Alexandra Magistrate’s Court on Tuesday with the State prosecutor requesting for a postponement to go through the docket ahead of his possible bail application.

He has been remanded in custody and the matter postponed to Thursday.

His two passports were handed over by his lawyers as the State fears that the businessman, who was arrested while on his way to Dubai, is a flight risk.

However, his arrest on Monday raised eyebrows following his recent arrests and counter accusations against his business partner and son of powerful and politically connected tycoon Roy Moodley, Selvan Moodley.

Dwarikapersadh was arrested shortly after being cleared by the airport security staff on Monday as he was about to depart for a Dubai business trip.

He was with his wife, Kritrika Dwarikapersadh, at the time of the arrest.

For more than two hours, his lawyers and his wife were unable to speak to him until he was whisked away to the Sandton police station by three members of the police who were not wearing police uniform.

Speaking to The Star outside the OR Tambo police station, his wife said no explanation was given to her or their lawyers when he was arrested.

“He was due for business trip to Dubai and his flight was at 1.30pm. I was due to fly out to Durban myself when all of this happened. I am yet to be told what the charges are and I have his jersey and his medicine with me which they refuse us to hand over to him,” his wife said.

While this was happening, his lawyer Hugo Johnson told of the “lawlessness of the unexplained arrest”.

“We have been refused access to our client and we are being threatened by the police who will not allow us to consult our client and determine the nature of the charges against him,” he said.

The battle over a prominent outdoor media and billboard advertising company, Strawberry Worx, has escalated in controversy, with the Hawks being accused of being used by a powerful, politically connected family embroiled in the battle for the ownership of the company.

The arrest comes hot on the heels of a reported squabble between Dwarikapersadh and his politically connected business partner, Selvan.

In a Sunday World report, Dwarikapersadh accused Selvan of allegedly withdrawing a total of R51m from Strawberry Worx.

His latest arrest comes just a month after the Durban Flying Squad arrived at the home of Dwarikapersadh to execute an arrest warrant under the directive of Hawks Captain Matseba Moabelo.

Two weeks ago, Independent Media reported that a source close to the situation indicated that the warrant the Flying Squad produced was the exact same warrant that was used to pick up Dwarikapersadh by Durban police at King Shaka International Airport on February 24, which was later cancelled and dismissed after being judged unlawful in its execution by Gauteng High Court, Johannesburg, Judge AJ Gilbert.

It is the same warrant that is being challenged by his lawyers.

Early this month, Independent Media also reported that Dwarikapersadh, who is a director of Strawberry Worx, was recently unlawfully arrested by the Hawks in yet another arrest allegedly orchestrated by Selvan.

This time around, the family of Dwarikapersadh accused a certain law-enforcement officer of acting in cahoots with Moodley.

“We suspect that this arrest has to do with Moodley because we have been reliably informed that he was here at the airport earlier today. We too have laid a charge against this officer,” a family member said.

The Hawks, through its spokesperson, Brigadier Thandi Mbambo, denied that the accused was denied his rights while he was being detained, adding that the accused signed an SAP14A form which explained all his rights.

“The said businessman was processed at the Sandton police station and subsequently appeared in the Alexandra Magistrates’ Court on charges of fraud, forgery, uttering and money laundering. Upon his arrest, the accused signed an SAP14A which is an attestation that his rights were explained to him and he understood why he was being detained,” Mbambo said.

The Star has seen a letter addressed to the SAPS in which Dwarikapersadh’s lawyers, Pagel Schulenburg, said there is no valid warrant of arrest against their client.

“Our client has advised us that a warrant of arrest issued under CAS 404/07/2023 was executed at King Shaka Airport on 24 February 2024 by a certain Warrant Officer R Muhamh, when Dr Dwarikapersadh was arrested...The irregularities and inconsistencies with said warrant were fully ventilated in the Johannesburg High Court in the aforementioned matter,” the lawyers say in the letter to SAPS.

The Hawks’ through its spokesperson, brigadier Thandi Mbambo denied that the accused was denied his rights while he was being detained adding that the accused signed an SAP14A form which explained all his rights.

“The said businessman was processed at the Sandton police station and subsequently appeared in the Alexandra Magistrates’ court on charges of fraud, forgery, uttering and money laundering. Upon his arrest, the accused signed an SAP14A which is an attestation that his rights were explained to him and he understood why he was being detained,” Mbambo said.

The Star

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