Ex-teacher, 83, fights extrad ition

A FORMER South African teacher who is wanted by UK authorities on 84 charges of sexual assault of young boys is continuing to fight his extradition.

Iain George Dallas Wares, 83, has brought an application to review and set aside two decisions by the Minister of Justice and Correctional Services and a magistrate.

Wares, who is the applicant in the matter, yesterday submitted heads of argument to the Western Cape High Court with the respondents being the magistrate at Simon’s Town court, the Minister of Justice and Correctional Services, and the Director of Public Prosecutions (DPP).

Wares, who resides in Fish Hoek, was not present at the proceedings.

In attendance at court was a UK liaison officer, Simon Waley, a State Senior Officer from the DPP, Maresa Engelbrecht, and Wares’ legal team which included William King SC and Ben Mathewson as his instructing attorney.

Wares’ team argued for a review in a bid to set aside his extradition order, which was made by a magistrate in Simon’s Town on August 23, 2019, and a decision made by the Minister of Justice and Correctional Services.

This followed an extradition request made by the UK in 2018, and a warrant issued for his arrest in 2019.

The allegations relate to 42 former students of Wares who are now all beyond the age of 60, and that the incidents of apparent sexual and physical abuse took place between the 1960s and 1970s.

Wares left the UK in later years and began teaching at various local schools, including St George’s Grammar School and Rondebosch Boys Preparatory, during the 1980s and 1990s before retiring in 2006.

According to the heads of argument, the magistrate found Wares was liable to be extradited to the UK and that there was sufficient information to confirm he was accused of an extraditable offence in the UK.

The magistrate ordered that he be granted bail pending the minister’s decision regarding his surrender.

The minister ordered Wares be surrendered to the UK to stand trial on six charges of lewd, indecent and libidinous practices and behaviour, and one charge of indecent assault for which his extradition is sought, with seven counts.

But Wares’ legal team argued that the order of the charges and the number of offences – as well as not mentioning one complainant in the bundle – had “impacted” the extradition order’s instructions and called for it to be reviewed .

They added that their client had not been advised that he could bring a defence.

The matter was placed before Judge Robert Henney and Judge Patric Gamble.

Justice Gamble put it to King that he wanted the entire process to be redone in order to correctly structure the charges and offences.

“You want the whole thing sent back to the magistrate, to indicate what is prescribed or not, what charges he is being extradited for?” asked Justice Gamble.

King stated that the magistrate had made the order mentioning only seven charges when in fact there were eight, and that no insight was given pertaining to them or who the complainants were.

Judge Henney asked if the so-called corrections could be done at the Cape High Court.

The matter continues.

FORMER schoolteacher Iain Wares is locked in an extradition battle.