Tension in trial of ex-bursar

State witness barraged in exchange of words

TEMPERS exploded in the East London Regional Court between a defence lawyer and a key state witness as cross-examination resumed in the trial of an assistant school bursar charged with theft totalling R2.3million.

Merle Laity is on trial on eight counts of theft and one count of fraud. She was the assistant bursar at the Cambridge High School where the alleged theft and fraud occurred. The transgressions were discovered by Andrew Whitaker, a member of the school governing body (SGB), when the school ran out of money for dayto-day expenses and salaries.

Laity is being represented by advocate Johan Bester with assistance of two additional legal minds in the courtroom. Whitaker was on the witness stand.

During a heated cross-examination in front of magistrate Deon Rossouw, Bester accused Whitaker of “testifying for a fee”.

“Are you giving evidence as an expert or complainant?” he said as he began.

“As an expert,” Whitaker responded.

“Who gave you authority?” Bester asked. “The SGB,” said Whitaker. “Do you know the purpose of a state witness? For whom are you giving evidence?” Bester shot back.

Whitaker replied: “On behalf of the state.”

Said Bester: “You investigated this matter, you were paid by the school and you represent the complainant. How can you possibly be objective in your evidence?”

“Everything is based on facts,” Whitaker said.

“You are working towards a goal to recover the money so that you can get a fee,” Bester said, to which Whitaker responded: “That is absolutely untrue! If I could get money from the time I have spent on this, the school would not get anything.”

Bester blamed the disappearance of the money on the weak financial control system at the school.

“It is my instruction from Laity that money received from matric jackets, badges, photos etc were kept in ice-cream containers in a closet inside the bursar’s office,” Bester said.

“It would be foolish to do that because if the accused got the money she should have put it in a safe inside the bursar’s office,” Whitaker said.

“Are you disputing that was the system in place?” asked Bester.

“Her job description was to bank the money. Are you saying otherwise?” asked Whitaker.

Trial continues this morning.