Durban - Kessie Nair’s family have abandoned him, telling the court that should he get bail, he will not return to stay with them.
Nair is facing seven counts of crimen injuria and two counts of incitement or commanding a person to commit an offence.
He caused a social media storm after he posted a video in which he said that President Cyril Ramaphosa was failing the nation and resorted to calling him the K-word.
Magistrate Ncumisa Gcolotela on Tuesday ruled that Nair be sent to Fort Napier Hospital in Pietermaritzburg as an in-patient for 28-days’ mental evaluation. Previously, Nair’s lawyer, Chris Gounden, had said a bed would only be available at the hospital in April next year.
Gounden then brought an application for Nair to be released on bail or warning until he was admitted into the hospital.
Nair, 60, who has a string of previous convictions ranging from fraud and theft to illegal gambling and the theft of a motor vehicle, asked the court to consider his release based on his severe health conditions.
He told the court that he was on a waiting list for a heart transplant and had already suffered severe health deterioration since his arrest 13 days ago. The court also heard that his heart was only functioning at 29% after he suffered a massive heart attack and had five coronary stents placed in him.
His lawyer also argued that although the State had opposed bail, it did not provide enough reasons to support its stance.
However, according to a statement by Hawks investigating officer Warrant Officer Anuresh Jackpersadh, Nair’s brother Ravi had refused to house him after his release, adding that he would be a flight risk as he had no fixed address.
State prosecutor Carlson Govender read out Jackpersadh’s statement to the court on Tuesday. He said that Nair’s brothers, who testified as witnesses against him, said they “did not want him back at their house”.
Nair’s former wife, Vasanthi Nair, said she and their two children lived in Joburg and also did not want to have contact with him.
Jackpersadh opposed Nair being granted bail, saying that the video he posted was of such a serious nature that people had threatened him with assault.
“He is also a danger to himself because of his mental state, and we believe he may destroy evidence by closing or deleting his social media accounts. He will also disturb the public order as his video caused much shock and outrage,” Jackpersadh said.
He added that the State was considering adding a charge of defeating the ends of justice against Nair as he refused to divulge his Facebook account password to the investigating team.
Magistrate Gcolotela remanded Nair until next Monday as the defence is looking for a place for him to stay should he be released.
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