A Durban-based police officer and a private investigator have been outed in what is alleged to have been a “shakedown” — an attempt to extort money from a local company at the behest of a disgruntled ex-employee said to have stolen R2.7 million.
In the matter in which the company, FP Solutions, secured a final interdict against its former employee Elvina Dorasamy and private investigator Julian Kasaval, Durban high court judge Rob Mossop ordered that his judgment be sent to the provincial head of police.
This, the judge said, was for police bosses to consider the conduct of Westville-based policeman W/O Ricky Chettiar in the affair.
Chettiar was cited as an “interested party” in the application which first came before the court in June last year.
At that time, judge Jacqui Henriques granted an interim interdict against Dorasamy and Kasavala, restraining them from contacting FP Solutions customers, defaming the company, and committing any act of extortion.
The matter came before Mossop for consideration of the finalization of the interdict.
Dorasamy was an operations controller based at the firm’s Jacobs offices. Mossop, in his ruling, said she had left the company “under a cloud” and had allegedly fleeced R2.7m by setting up four companies which had then invoiced FP Solutions for work never done.
“When the scheme was discovered, it triggered a whirlwind of legal action. The four companies were ultimately wound up by FP Solutions which also instituted legal action to recoup its losses.”
He said what precipitated the interdict application was that at the height of the legal action — in April last year — Kasaval had visited FP Solutions’ premises and spoke to Joel Mutero, the general manager. He told Mutero he was working with Chettiar, investigating allegations that the firm was illegally importing goods.
He then demanded that the firm stop legal action against Dorasamy and to pay her to drop the case she had reported to the SA Police Service.
Judge Rob Mossop:
The interplay of these factors create the disturbing impression that what Kasaval and Chettiar were engaged in was what could be classified as a shakedown
It was alleged that Kasaval also threatened that he would contact the firm’s customers if his demands were not met.
Mossop said that Kasaval made good on his threat and in May telephoned Pefco, a customer.
Kasaval advised that he was a forensic investigator for SAPS and demanded information. The Pefco representative asked that he put his questions in writing, which he did.
In an e-mail, Kasaval outlined the allegations against FP Solutions and asked for certain documents.
Mossop said co-incidentally Pefco and FP Solutions used the same firm of attorneys who, when they learnt of Kasaval’s e-mail, asked him on what legal basis he was making his demands.
In response, Kasaval said he had been mandated by Dorasamy “to work with the police in this matter”.
It is alleged that Kasaval contacted four other customers and made similar demands.
In his answering affidavit, Kasaval said he had been mandated by Dorasamy to do the investigation into FP Solutions. But, he said, he would not disclose the confidential information which he has shared with SAPS.
Mossop said as a member of the public, Kasaval had no right to demand any information from FP Solutions or its customers. While SAPS had the power to officially investigate crime, Kasaval could not “blur the line”.
The judge said Chettiar, being based at Westville, would not have jurisdiction over a matter involving a business in Jacobs.
He said FP Solutions had invited Chattier to disclose how this happened “but he resisted the invitation” and his confirmatory affidavit [in support of Kasaval] was “brief, terse and unadorned with any facts”.
He said it appeared that Chettiar never did anything in the case, “which could support the inference that Kasaval was permitted by him to do as he wished”.
Mossop said since the launch of the application, it appeared there had been no other SAPS investigations into FP Solutions.
“The interplay of these factors create the disturbing impression that what Kasaval and Chettiar were engaged in was what could be classified as a shakedown. Indeed, Mr Mutero reports that Kasaval tried to extort information and money from the applicant [FP Solutions] when he visited its premises.”
Mossop:
It appears probable to me that in instructing Kasaval, Dorasamy was engaged in a stratagem that had the goal of extricating herself from the obvious difficulties she found herself in
Mossop said if the investigation had been officially sanctioned by SAPS, it would have been confirmed by the captain in charge of Westville, who was cited as a party in the proceedings. “He has, however, remained silent.”
He said Dorasamy’s affidavit in the matter was “threadbare”. She had not explained why, if she had evidence of wrongdoing, she had not reported the matter to SAPS and allowed them to investigate.
“It appears probable to me that in instructing Kasaval, Dorasamy was engaged in a stratagem that had the goal of extricating herself from the obvious difficulties she found herself in.
“She obviously had a motive to dig up something, anything, that reflects badly upon FP Solutions and it appears to me that she will do whatever needs to be done to improve her position.
“Kasaval and Chettiar were improperly prepared to assist her in her endeavours,” he said.
Mossop confirmed the interdict and ordered Dorasamy and Kasaval to pay costs.
He further directed the registrar to send a copy of the judgment to provincial police bosses “to consider the conduct of W/O Ricky Chettiar”.
-TL
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