KZN top judge wins lawsuit following crimen injuria case
Former KwaZulu-Natal Judge President Chiman Patel has won his civil suit against the State and awarded R900,000 in damages for malicious prosecution.
In 2013, a clerk opened a case of crimen injuria against Judge Patel, claiming he had shouted at her, pointed his finger and said 'she was useless' while reprimanding her in his chambers.
He was summonsed and appeared before a court, but on the day his criminal trial was meant to start, the charges were dropped.
The stress led to his early retirement and Judge Patel ended up launching civil action against the State.
During trial proceedings, the Provincial Director of Public Prosecutions Moipone Noko - who was the one who decided to prosecute - was called to testify.
In his judgement handed down in the Durban High Court this morning, Judge Aubrey Ledwaba describes Noko as a bad witness.
In his opinion, she did not execute the duties reasonably expected from a DPP.
Of the clerk, who also gave evidence at the trial, Judge Ledwaba says she was evasive an argumentative during under-cross examination.
He says at the time of the incident, Judge Patel was just a few years from retiring with an unblemished record of service. In addition to the R900,000 damages, the State has also been ordered to pay the cost of the suit.