Reduced term for shipping container thief due to anxiety and depression

A PORT Elizabeth man who stole shipping containers worth millions and then resold them, escaped the full wrath of the law this week when it was argued that he suffered from severe depression and anxiety.

The defence said Juan Schoultz, 36, had a diminished sense of responsibility when the crimes were committed and this affected his ability to make objective decisions.

The married father of one was sentenced to an effective 10 years in prison after a plea and sentence agreement was concluded between the state and defence.

He pleaded guilty in the Port Elizabeth Commercial Crimes Court to charges of fraud, theft and forgery.

The theft charge alone – totalling R5.4-million – carries a prescribed minimum sentence of 15 years in prison.

Schoultz was employed at his parents’ firm Triosafe Transport CC at the time.

Between December 2014 and August 2015, he entered into lease agreements whereby Triosafe rented 146 containers – valued at more than R5.4-million – from BLG Logistics of South Africa, Container Trust and Grindrod Intermodal.

Schoultz then unlawfully sold four of the containers for nearly R500 000, but the buyers never actually received them.

In some instances, he even charged the buyers for the delivery of the containers.

Beck Trading CC, for instance, paid him R12 540 for delivery to Kirkwood – something which ultimately never took place.

He then forged the signatures of two Beck Trading employees on the delivery note.

Police managed to recover 75 of the 146 containers.

“Grindrod and BLG suffered further prejudice in that they did not receive any rental income for the containers after July 2015, while Container Trust received no rental income at all,” documents before the court state.

Defence attorney Danie Gouws said Schoultz was remorseful for his actions.

He was also a first offender, which should count in his favour.

According to the plea agreement read to the court on Monday, the state and defence agreed that while Schoultz had the necessary criminal capacity when he committed the crimes, in that he was able to distinguish between right and wrong and act accordingly, at the time he suffered from severe depression and anxiety.

“According to his doctor this did, to a certain extent, affect his ability to make objective decisions,” state advocate Antoinette de Jager said.

“The parties agree [Schoultz] suffered from diminished responsibility at the time.”