Convicted ex-lawyer Randell now turns to SCA
DISCREDITED former attorney and education litigation warrior Mike Randell has resorted to the Supreme Court of Appeal to fight the high court’s refusal of leave to appeal his fraud and theft conviction.
Randell was celebrated for spearheading a class action against the education department in 2010, which culminated in an order that the department fill more than 6 000 vacant teacher posts.
But Randell was himself the subject of a scandal in 2015, when he was struck from the roll of attorneys after being exposed for his part in defrauding a Port Elizabeth school, Greenwood Primary, of some R2.4-million.
He was convicted by the court in 2016 and sentenced to an effective four years’ imprisonment. The fraud had involved the school’s former principal Patrick Shelver, former school governing chair Michel Lascot and Randell, who was then the deputy chair of the SGB.
They colluded to defraud the school of R2.4-million. Randell drew up a trust for the school so that it could buy and own land and buildings adjacent to it.
The woman who sold the valuable land to the school did so at a massively discounted wished the school to benefit.
Shelver, Lascot and Randell were registered as the trustees of the trust and the school was the sole beneficiary. Without the knowledge of the school, the trust deed was later amended so that Randell, Lascot and Shelver were the beneficiaries.
Without informing the school, they later sold the valuable property to developers, scoring a massive R3.5-million out of the deal. The school benefited to just over R1-million. Shelver pleaded guilty and was sentenced to 10 years in prison, suspended for five years. Lascot died before the matter went to trial.
Randell appealed the conviction claiming that the magistrate who convicted him had unfairly relied on the harsh judgment in terms of which he had been struck off the roll of attorneys.
In that judgment, Judge Sytze Alkema found on a balance of probabilities that Randell was inherently dishonest and fraudulent.
It was argued on Randell’s behalf that not once during his trial had Randell been asked directly to comment on Alkema’s findings against him and yet these findings had influenced the magistrate.
But Judge Mandela Makaula, with Judge Thami Beshe agreeing, dismissed this contention. Makaula said the magistrate’s reference to Alkema’s judgment did not amount to an irregularity or misdirection. Even if it had, it this would not amount to a failure of justice.
Every criticism the magistrate made about Randell – even those that had mirrored Alkema’s criticisms – had been factually based and independently supported. He said the evidence had conclusively established Randell’s guilt beyond reasonable doubt.
Randell’s attorney Mark Nettelton confirmed that Randell had resorted to the SCA for special leave to appeal. He remains out on bail. price as she