Estina: This case won't see the light of day again - Ajay Gupta

Family's confidence in SAPS and NPA have been severely shaken by their handling of this matter


Now that the charges in the so-called Estina Diary matter have been withdrawn it is necessary for me to make a statement about the withdrawal of the charges which I do herein. I cannot speak on this topic until I have expressed my deep sadness and alarm at the murder of Mr J P Arora, CEO of Westdawn Investments (Pty) Ltd. Life is precious to us all and everything else pales in comparison to unjustified loss of life. I hope that the authorities track down the vicious killers of the loyal employee, Mr J P Arora. I deeply mourn his untimely death and the manner of his passing.

All charges in the Estina Dairy matter have been withdrawn. The withdrawal of charges is said to be provisional, but I am confident that this matter will never see the light of day again. The family has had to endure continued attacks on their integrity in circumstances where, certainly on the evidence in this case, no evidence of any wrongdoing existed and, furthermore, which had to be endured by the family for such a long period of time.

The confidence of the Gupta Family in Constitutional Institutions such as the National Prosecuting Authority and the South African Police Service has been shaken to the extent that the Gupta family had to tell the State of Capture Enquiry, chaired by the Deputy Chief Justice Raymond Zondo, that the family had to endure the unbridled and reckless abuse of the powers of arrest and prosecution at the hands of the National Prosecuting Authority and the South African Police Service and that the conduct of the representatives of these institutions has caused them to reflect highly negatively on the prospects of their being deal with fairly by such officials who conduct themselves with such reckless incompetence.

The outcome of this matter fortifies and has demonstrated that the family was completely justified in their belief.

It may be so that the charges are now withdrawn, but that which is not capable of being undone - the unjustified and significant humiliation of arrest, the handcuffing of alleged perpetrators and their being subject to arrest, although being on bail, has not and cannot be undone.

That which remains undone is the making of the false allegations that they had to endure in circumstances where a prosecution was simply not justified.

That which cannot be undone is the desire of a religious family to observe the Hindu Religion and the attempts by the National Prosecuting Authority and the South African Police Service to prevent them from exercising a basic constitutional right to religious participation.

That which cannot be undone is the significant legal cost that the family had to incur in order to secure their personal freedom, religious freedom and the right not have their property seized arbitrarily.

That which cannot be undone is the massive damage done based on unfounded and unjustified allegations of this nature having been caused to the businesses of the family; to the detriment of thousands who have lost their employment as a direct result of unjustified, uncorroborated and unsubstantiated false allegations of criminal conduct or involvement.

As will be seen in the fullness of time and despite the abuse of power wielded with reckless incompetence and indifference by the forces behind this unjustified attack, the wheels will tum and the ultimate truth will out.

The Gupta family is considering its position and will take legal advice on the best way forward in order to set right the wrongs perpetrated on them

Statement issued by Ajay Gupta on behalf of the Gupta Family, 4 December 2018