Kessie Nair denied bail

2018-10-17 11:39
Kessie Nair looked agitated after the Verulam Family Court ruled that he must be sent to Fort Napier Hospital for mental evaluation. (Mxolisi Mngadi, News24)

Kessie Nair looked agitated after the Verulam Family Court ruled that he must be sent to Fort Napier Hospital for mental evaluation. (Mxolisi Mngadi, News24)

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Kessie Nair has been denied bail in the Verulam Family Court on Wednesday.

Nair, a former Durban councillor and convicted fraudster, is charged with multiple counts of crimen injuria and two of incitement of public violence after he posted a video on Facebook calling President Cyril Ramaphosa the k-word.

Magistrate Ncumisa Gcolotela ruled that Nair had "failed dismally" to prove to the court that he deserved to be released on bail.

Gcolotela said she was concerned because Nair did not appear to be aware of the seriousness of the "derogatory term he uttered".

"It would appear that the applicant doesn't understand the seriousness of the charges he is facing," she said.

"Any reference to another using a derogatory word is not only an insult to the person the words are being uttered to, but the whole nation, especially when taking into account the apartheid era the country went through," said Gcolotela.

"This is the kind of crime that could cause outrage and public outcry," she said.

She reprimanded Nair for "using his court appearance to insult more people".

Nair previously accused officials dealing with his case of trying to please Ramaphosa in order to get promotion.

"I'm fully aware that, because count two refers to the president, every person dealing with this matter from the police officers, prosecutors, and others are all intent on pleasing the president in order to enhance their individual careers," Nair said.

'Who is he talking about?'

Gcolotela said Nair had also used his bail application to insult the investigating officer, whom he called "insane, lunatic and sangoma".

Gcolotela also took into consideration that Nair's brother said he didn't want him at his house anymore.

"The applicant now wants to force his way to his brother's house, as he said he would use his constitutional right because it is an illegal eviction," she said.

She tore into Nair for saying his family would suffer if he wasn't released on bail.

She said she was of the view that Nair didn't maintain his family, as he has been divorced for several years. His other family didn't want him in their house, said Gcolotela.

"Who is his family? Who is he talking about?" she asked.

She also suggested that Nair was capable of committing more offences, because he has a list of previous convictions.

The State was opposed to bail.

During his bail application, Nair told the court he had a major heart attack in 2016 and now his heart only operated at 29%. He said he was on chronic medication and was on a heart transplant list.

'Ridiculous and absurd'

He said there was no likelihood that he would evade trial because the charges against him were "silly and certainly not of serious nature".

He asked the court to release him on bail, with a condition that he obtain a psychiatrist's report, using his own medical aid, within seven days.

Nair suggested that, if he failed to furnish the report on the adjourned date, the investigating officer Warrant Officer Ajay Lutchman could than apply for revocation of bail.

Lutchman said Nair might attempt to influence or intimidate communities against each other if he was released on bail.

He also said Nair's release would undermine public order and "might lead to public disorder if he is released on bail".

Nair said Lutchman's submissions were ridiculous and absurd.

Gcolotela ordered that the transcripts of the court proceedings be sent to the KwaZulu-Natal Law Society, in order to investigate the conduct of Nair's attorney Chris Gounden with regards to Nair's affidavit during his bail application.

She postponed the matter to October 24 for further investigations. Nair remains in custody at Westville Prison.

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