Advocate Elaine Harrison, the KwaZulu-Natal director of Public Prosecutions is in the firing line. Harrison is accused by one Visham Panday, a Durban businessman, of using prosecution to settle old scores specifically targeting him and those she perceives were associated with him. Panday is facing legal troubles of his own but he claims the charges were trumped up.
“My lawyers are currently preparing the official grievance to be sent to the national director of public prosecutions, advocate Andy Mothibi. We want to expose a series of events where advocate Harisson has interfered and unlawfully targeted me and my family using the court processes. There are many rogue elements occupying senior positions in the NPA. That’s why when they are called to answer in the Madlanga Commission, they suddenly fall sick. Advocate Harrison must be investigated for her conduct,” charged Panday.
Panday, 46, is currently fighting a legal battle facing a string of charges, among them fraud and theft but he says these were concocted.
The state alleges that between 2010 and 2011, Panday masqueraded as a lawyer and defrauded one Mrs Bawden, a complainant in the matter, of her Road Accident Fund (RAF) payout.
“The accused was distributing flyers by placing them in the mailboxes in the area where the complainant resided, The flyers were for a foundation named VP Justice Foundation established by accused 1 and accused 2 represented by accused 1 purportedly to assist members of the public to challenge corrupt judges, magistrates, prosecutors and members of the public,” the indictment reads.
The state further stated that the complainant (Mrs Bawden) made contact with Panday requesting assistance to have the compensation amount paid by RAF reviewed. This, according to the state case, was after Panday had placed a pamphlet in her mailbox.
“The accused introduced himself to the complainant as an advocate and was able to solve legal problems. The accused convinced the complainant and her husband to transfer all the funds in their bank account to his bank account. This was under the false pretext that the attorney who assisted them failed to pay the South African Revenue Service (SARS) and that SARS will attach their property and the funds in their bank accounts,” the state alleges.
The state also claims, due to the misrepresentation, the complainant lost R948 738 worth of her RAF payout.
Panday however claims the state has no case against him, instead the complainant owed him money and was refusing to pay. As a result, she had orchestrated false charges against him. Panday is charged together with his lawyer Vinay Gosai.
Gosai is the owner of Gosai and Company INC.
“The NPA is charging my lawyer for executing his duties of issuing lawful summons. Their mission is to try and restrict me because they know that he also represents me in other court matters. He represents me in cases where I have challenged the DPP. Even though I employ other legal professionals for similar work, it appears the DPP is attempting to deny me my constitutional right to legal counsel and court access by charging Mr Gosai. This situation also serves as a warning to all legal practitioners that the state may label routine legal tasks such as issuing summons or documenting debt acknowledgement as “bogus” to justify legal action against them,” Panday said.
On the other hand, Harrison, through Natasha Ramkisson-Kara, the NPA spokesperson said: “ Mr Panday is well within his rights to refer allegations of wrongdoing to the NPA’s office of Ethics and Accountability for investigation. The NPA relies on evidence contained in the docket. If such evidence does exist then a prosecution will have to proceed.”