Mountain Rise cops plead not guilty

Former Mountain Rise police station commissioner Hariram Badul will argue against the use of certain information in his case, saying it infringes on his rights to a fair trial. Badul, along with senior policemen Suresh Naraindath, (then a captain in the SAPS) Yunus Khan, (a police superintendant) Patrick Nkabini (a constable) and local businessman Sigamoney Pillay have been charged with fraud, racketeering, theft and corruption. All have pleaded not guilty. Naraindath, Khan and Nkabini allegedly followed Badul’s instructions for reward. Pillay is said to have been a “close associate” of the enterprise and the main supplier of fictitious services procured on behalf of the police station.

On Monday, Badul, in the plea explanation read out by his advocate, Christo van Schalkwyk, said he did not want the State to use certain evidence in his case as it would infringe on his right to a fair trial. The State’s 50-page indictment lists 128 charges – certain charges are only against some of the men. Badul is accused of being the kingpin of a criminal enterprise from 2007 to 2009. The others are accused of being his lackeys. The State alleges the objective of the enterprise was to procure goods and services on behalf of the police station. But these only benefited the men. Badul says the investigation was flawed as there was a history of animosity between himself and policemen in the investigating team. A search warrant against him and a taped conversation between him and another man had violated his rights, he said. The evidence would render his trial unfair and be detrimental to the administration of justice.

Alleged accomplice Khan said in his plea that when the crimes were allegedly committed he was an innocent logistics officer heading the procurement section in Berg Street. Pillay said his hands were clean as he had rendered all the services he was paid for. Pillay is accused of billing the SAPS for building work which was actually done at premises belonging to Badul and his associates. There is also an accusation that they procured a conference system for the station at an inflated price, dividing the difference between the actual value and amount paid out among themselves. Naraindath and Nkabini remained silent although they too pleaded not guilty.

But the State’s indictment says the men took cash back from suppliers in lieu of goods procured. This money was paid to Badul. They appropriated goods and took cash back in lieu of services procured, ostensibly on behalf of the police station. Naraindath, Khan and Nkabini were allegedly paid overtime when none had worked. They allegedly received incentives in exchange for their co-operation in the enterprise’s activities.