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Warrant of arrest was fraudulent

Magistrate releases Jackson on bail after finding anomalies

SIX POLICE officers attached to the Joburg organised crime unit used a fraudulent warrant of arrest to place Teazers strip club owner Lolly Jackson behind bars.

The warrant of arrest submitted to the Johannesburg Magistrate's Court yesterday indicated that it was issued in the same court on February 8, for an offence committed on "October 16, 2010".

The police used the same warrant to keep Jackson for two days in the Johannesburg Central Police Station High Centre as an awaiting trialist along with suspects charged with serious violent crimes.

One of the suspects, who shared the same cell with Jackson, was on the most-wanted list on 37 counts of armed robbery.

The warrant of arrest, the Johannesburg Magistrate's Court found, was not authorised or signed officially by a presiding magistrate.

These details were discovered by the presiding magistrate, A Pieterson, moments before he granted Jackson conditional bail of R5 000.

Before his decision, Pieterson noted that the warrants used to arrest Jackson at his strip club on Saturday night did not bear the name or initials of the magistrate who issued it.

Pieterson also pointed out that the police in the magisterial district of Joburg were not authorised to execute a warrant of arrest during weekends. Pieterson said he would report the irregularity to the chief magistrate for investigation.

One of the policemen - Superintendent Mojalefa Dijenga, also an investigating officer - was inside the courtroom when the magistrate pointed out the irregularities.

Jackson, 53, applied for bail minutes after he was charged with attempted extortion, attempted kidnapping, intimidation and crimen injuria.

Jackson had to supply the senior public prosecution team with proof of his utility bills for his numerous properties as a guarantee that he would not be a fugitive of justice.

He also pledged to stay at his home in Bedfordview and not interfere with his accusers, Michael Kalymnios and Yuliyana Moshorovs'ka, or visit their home in Kensington.

Jackson pronounced his innocence immediately when he began his application for bail through his lawyer, advocate Ian Roux.

"I did not commit the alleged offence. I am going to plead not guilty to the charge of attempted extortion."

Jackson looked surprised and irritated when prosecutor Shane O'Connell called out four charges instead of the two in the warrant of arrest.

However, he did not challenge the additional charges.

In his papers, Jackson acknowledged the charges against him were a result of his alleged demand for R50 000 from Kalymnios on October 13.

Kalymnios went to the Johannesburg Family Court where he sought a successful interdict against him.

The interdict was granted after Kalymnios told the family court that Jackson had instructed him to give him his money, or "if it was overseas, he would have been killed".

Jackson told the court he had, since his alleged offence in October last year, never come into contact with his accusers.

Jackson also expressed surprise that it had taken the police four months to arrest him, saying "in between the months, there was not a single reported incident".

Commenting after his release on bail, Jackson said: "Some pay bribes, others don't", referring to the fraudulent warrant of arrest.

His attorney, Ian Jordan, said he would file a civil lawsuit against the police for unlawful arrest.

A possible charge of fraud was expecetd to be brought against the six police officers.

Jackson is due back in court on April 6.

By Baldwin Ndaba
The Star 02/03/10e1

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