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Magistrate sues Minister for ‘malicious prosecution’

Publish date: 19 June 2007
Issue Number: 1849
Diary: Legalbrief Today
Category: General

Magistrate Ashin Singh has brought a R2.87m damages claim against the Minister of Justice and Constitutional Development in the Pietermaritzburg High Court for alleged malicious prosecution, says a report in The Mercury.

Singh was arrested and prosecuted in 2000 on charges including defeating or obstructing the course of justice, interfering with the police, making a false statement under oath and contravening the Interception and Monitoring Prohibition Act of 1992 by illegally monitoring conversations between Supt Clifford Marion and the former head of the Investigating Directorate on Organised Crime, advocate Chris MacAdam. In court papers, Singh alleges that MacAdam had maliciously caused the law to be set in motion against him and that the directorate, the National Director of Public Prosecution, MacAdam and Marion had not had reasonable cause to believe the allegations against him. The Justice Minister, who is opposing the claim, argues MacAdam and Marion had acted in good faith, and that they had had a reasonable belief in the trust of the information on which Singh’s charges were based. Full report in The Mercury (subscription needed)

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