Avinash Ramkistan's intimidation case: court denies recusal request

CONFLICT OF INTEREST

- NADIA KHAN [e-mail]

A DURBAN man who allegedly intimidated and threatened a judge, prosecutors, police and Shamila Batohi, the national director of public prosecution, with “death” and “bloodshed” after he had lost a court case, had his application for the presiding magistrate, prosecutor and investigating officer to be recused dismissed in the Durban Regional Court on Tuesday.

Avinash Ramkistan, 39, of Durban North, was arrested and charged with several counts of intimidation, crimen injuria, contravention of the National Prosecuting Authority (NPA) Act and contravention of the Cybercrimes Act in April last year.

He further requested that the matter be transferred to another court jurisdiction.

During his bail application last year, the investigating officer, Detective Warrant Officer Sivan Naidoo of the Hawks led evidence that the threats stemmed from a civil matter after the Financial Sector Conduct Authority disbarred Ramkistan, who had worked in the insurance industry, for a period of 10 years because his underwriters were liquidated.

He said Ramkistan then proceeded with civil action in the Durban High Court against the authority and Standard Bank.

Naidoo said that the acting judge presiding over the case dismissed the matter against the authority and the bank with costs.

He said instead of Ramkistan taking the decision on review, he opened a fraud and corruption case against the acting judge.

Naidoo said in addition, Ramkistan started making threats against the prosecutors and the previous investigating officers through emails and voice recordings.

As part of evidence of the threats and intimidation, the State played a voice recording where he could be heard making death threats towards a prosecutor.

It is alleged that Ramkistan recorded the conversation and then posted it on his Facebook page.

Ramkistan was denied bail.