S. Africa Jan 26, 2004

Johannesburg - Judge Siraj Desai did not tell anyone - here or in India - that he had had sex "of any nature" with Salome Isaacs.

Advocate Dumisa Ntsebeza said: "Stories and rumours that have been running since last week that the judge admitted to having voluntary sex with Mrs Isaacs are nonsense.

"I know. I was with him from the start. He didn't tell anyone he had had voluntary sex with Mrs Isaacs."

This is according to advocate Dumisa Ntsebeza, who supported Desai when the judge was arrested in Mumbai last week for allegedly raping Isaacs in a room at the Taj President Hotel.

Ntsebeza, Desai and Isaacs were all delegates at a congress in Mumbai. Desai was released after Isaacs withdrew the case on Thursday.

In his bail application, Desai's legal representatives in India told the court that if there had been sex between Desai and Isaacs, it had been "sex with consent".

Ntsebeza said: "After the court proceedings, I went up to them and said Judge Desai never instructed them or even said there had been sex with consent and, therefore, they could not use this as an argument.

'All he did was to deny he raped her'

"They replied: 'In India, we argue the way we please.' "

This was apparently the source of the stories of the sex with consent.

"However, the fact of the matter is that Judge Desai never told anyone, here or in India, that he had had voluntary sex with Mrs Isaacs - and this includes his Indian lawyers and the police in India.

"All he did was deny he had raped her.

"It is the judge's prerogative to disclose whether there had been sex and, if so, whether it was with consent or not."

Desai was not available for comment on Monday.

( Source News24)