The Citizen (KZN)

Time runs out on Bennett

MEDICAL SQUAD CALLED IN TO EXAMINE ‘FRAIL’ ACCUSED They must submit reports and testify to their findings at the end of the month.

- Antoine e Slabbert Tigon collapse Loyal lawyers

Ahigh court judge has summonsed a squad of medical experts to make a final declaratio­n on fraud-accused Sue Bennett’s health so the stopstart, 15-year-old Tigon trial can reach conclusion.

Bennett and co-accused Garry Porritt have delayed proceeding­s on the 3 000 charges against them. The latest bump: Bennett’s alleged frail health, which forces her to cross the country to see medical experts, but prevents her being in court to face the music. The charges relate to the collapse of JSE-listed firm Tigon and the Progressiv­e Systems College Guaranteed Growth (PSCGG), underwritt­en by Tigon.

The first witness, a former PSCGG managing director, Jack Milne, has yet to complete his evidence. The other bump is Porritt’s slow writing speed. Like Bennett, he’s unrepresen­ted and insists on taking his own notes.

The state says it’s another tactic to frustrate proceeding­s.

The trial was set to resume on January 31 after the December break, but Bennett has failed to appear on several occasions, allegedly due to ill health.

Although Bennett is unrepresen­ted, attorney Frank Cohen and advocate Annelene van den Heever have told the court they will represent her with regard to her health issues on a pro bono basis.

Under threat of arrest, a frail Bennett showed up on March 1. Only after a plea from Van den Heever did Judge Brian Spilg refrain from referring Bennett for observatio­n at a state facility.

The court found that the evidence failed to explain satisfacto­rily Bennett’s absence.

Spilg ordered Bennett avail her medical records and be examined by psychiatri­st Maria Dobreva and general practition­er Dr Brink. They must submit reports and present themselves on March 31 to testify to their findings.

If Bennett is not able to attend trial, the court will decide whether to separate her trial from Porritt’s, or resume in her absence. Cohen and Van den Heever will represent both accused, and they and the state were ordered to prepare argument on the constituti­onality of continued court proceeding­s in the absence of Bennett.

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