The judgment continues that Buthelezi alleged that the police and the prosecutor, Ms Peramal, "were privy to all of the statements forming part of the police docket at the bail application".
"They were aware that a fellow teacher at the school, Ms Mkhize, whom the learner alleges witnessed the incident (or part thereof) in the classroom, had deposed to a statement indicating that she saw no such thing.
"Despite the exculpatory nature of the statement, its contents were not placed before the court at the bail application. As a result, the plaintiff alleges that the police failed to investigate the matter properly and that the prosecutor (and the police) failed in their public law duty to disclose evidence in their possession at the bail hearing, with the effect that the court was misled, resulting in the plaintiff being refused bail,'' it reads.
Judge Chetty continued that "...it had been [the] intention of the investigating officer from the outset to oppose bail and he was instrumental in withholding vital evidence from the court".