News - Crime & Courts: Club boss wants court to nullify police raid
The former manager of an alleged Durban brothel has launched a high court application to have searches conducted by police at the premises declared "null and void".
This was heard in the Durban Magistrate's Court on Thursday when the man and his co-accused appeared on racketeering charges.
Kogilan Mudaly, manager of After Dark club in Cato Street, the owner of the premises, Lionel Johnston, the barman and supervisor, Pongton Thiamtat, and Rannsaya Suwannakoop, who allegedly recruited Thai prostitutes to work at the club.
In total, they each face about 30 charges, including money laundering and contraventions of the sexual offences, immigration, business and liquor laws. Last year, the prostitutes at the club - all Thai nationals living here illegally - pleaded guilty to prostitution and contravening immigration laws.
In terms of plea bargain agreements with the State, they received suspended sentences and some were deported.
Some agreed to assist the State and were placed in witness protection.
The case was intended to go to trial this week, but defence attorneys representing Mudaly and Suwannakoop said they could not proceed with the trial. Thiamtat did not appear in court yesterday, a warrant of arrest was issued at an earlier court date and his whereabouts are unknown.
On Thursday, Mudaly's attorney, D Moodley, told the court that his client had brought an application in the high court to have the searches and seizures conducted at the club declared null and void.
"We are requesting that any documents, video footage and photographs that were seized should be returned to the owner."
Moodley said the application was being made in light of the fact that affidavits made in support of the search warrants could not be found by the State.
He said the trial could not proceed since the application could only be heard in the Durban High Court next year.
"The effect of the application is that it would have a material and profound impact on the trial."
State advocate Val Lotan said it was "premature" of the defence to anticipate that the State would use the seized items as evidence during the trial.
"I submit that the high court application should not stop the trial. The state's case is based on the testimony of Thai witnesses, who have been patient for three years. Three of the witnesses that were in the witness protection programme have left the programme because they could not live under those conditions. They now want to go home. The intention of the accused is to frustrate the situation so that the witnesses do not come to testify and the likelihood that this would happen is great."
Magistrate Fariedha Mohamed adjourned the case to October 5.