Judge Desai's ordeal is over
2004-01-23 06:06
Johannesburg - Judge Siraj Desai of the Cape High Court judge, charged with rape in Mumbai, will walk free within hours, says his lawyer in India.
Fellow South African Salome Isaacs, who claimed the judge raped her in his hotel room, has changed her mind and withdrawn the charge.
The two were part of a South African contingent at the World Social Forum being held in Mumbai.
Desai's lawyer, C R Hirani, said on Thursday night: "Desai will definitely be released."
In a statement issued in Johannesburg on Thursday afternoon, Isaacs said she was unconditionally withdrawing all charges against Desai.
Contacted in Mumbai, Desai told Beeld on Thursday night: "We have until now only heard rumours. You have just confirmed it for me."
At first, Desai spoke in English, but when he realised it was an Afrikaans reporter on the line he switched languages.
"I will know tomorrow (Friday) exactly what is happening, but I must say I knew nothing would come of this.
'A load of... '
"I knew the charge was a load of... you
know," he said, adding he had not received any formal communication from Isaacs's lawyers about the withdrawal of charges.
"It is nine o'clock at night here. Phone me again tomorrow - then I will have more information for you," he said.
Hirani later confirmed Isaacs had told the Indian government of her decision.
Desai was to have appeared before a court
shortly after 06:30 (South African time).
Hirani said on Thursday night that if charges not been withdrawn, he had planned to make a bail application on Friday. Bail was refused on Monday.
A key point in the application would have been that police had found no evidence of violence having taken place during Desai and Isaacs's sexual
encounter, said Hirani.
When Beeld spoke to Hirani before the charges were
withdrawn he said the judge's chances of getting bail were 99%.
'That woman gave him a condom'
He said Desai did not rape Isaacs: "It was consensual sex. That woman gave him a condom."
He also said the police investigation, which had been completed, would confirm Desai's innocence.
Desai's court appearances come amid enormous media attention.
Sunil Shivdasani, a senior reporter at the The Times of India in Mumbai said interest in the case had been overwhelming.
He said India considered rape a "despicable" crime.
Desai's wife, Faiesa, was extremely pleased to hear the news when she was approached on Thursday night, but refused to comment on the issue.
"I will wait until my husband is home. We will issue a joint statement as soon as he sets foot in South Africa - whether it's in a day or a month's time."