Kessie Nair with attorney Chris Gounden. Picture Leon Lestrade. African News Agency. ( ANA ).

Durban - A Hawks investigating officer who testified in the bail application of Kessie Nair has been labelled as dishonest and insane. 

In an affidavit Nair labelled Warrant Officer Anuresh Lutchman’s testimony as malicious and lying under oath. 

Nair faces charges of crimen injuria for calling President Cyril Ramaphosa the k-word in a video that went viral on Facebook in September.

This is the third week he has spent behind bars since his arrest on September 19.  

His bail application continued at the Verulam Magistrate's Court on Tuesday. 

Magistrate Ncumisa Gcolotela earlier ruled that Nair would undergo a mental evaluation as an in-patient at the Fort Napier Hospital in Pietermaritzburg. 

But Durban attorney Chris Gounden, acting on behalf of Nair, argued that his client should be granted bail until his admission into the hospital, which is only expected in April. 

There is a waiting list for a bed at Fort Napier. 

In his affidavit, Nair accused the state of wasting resources by having the Directorate for Priority Crimes (Hawks) investigate a “trivial case”.

He said the offence was equivalent to urinating in public and the charges against him were “preposterous”.

Gounden argued that the State was on a witch hunt to persecute Nair and “he is being persecuted because he's Indian”.

“The State has no case and they are being malicious to the accused by incarcerating him while he's gravely ill and knowing full well the next available bed at Fort Napier Hospital is next year,” Gounden said.

The matter was adjourned to October 17 for a decision on the bail application.