Trial of ‘sicknote doctor’ postponed
The trial of an East London doctor who made headlines for allegedly selling sick notes to scores of patients without examining them has been postponed until April.
On Thursday, Dr Siphokazi Sokupa was back in the East London regional court, where magistrate Twanet Olivier ruled in favour of an application by the defence for a trial-within-a trial to be held to determine the admissibility of video footage recorded by undercover agents who investigated the case.
In support of its application, Sokupa’s legal team argued last week that the Hawks’ investigations that led to Sokupa’s arrest were “unlawfully” carried out by undercover agents, and infringed on her right to a fair trial.
The lawyers also claimed the operations constituted unlawful entrapment and went beyond merely providing the accused the opportunity to commit an offence.
Attorney Phumelele Hole had argued that the investigators’ operations had involved “persistence, pleading and emotional blackmail on the part of the agent to achieve the purpose of the entrapment”.
Hole said admitting the evidence of the operations, which took place in 2018, would render the trial irregular, unfair and against the prescripts of the section 35 of the constitution.
Quoting several case laws in her brief judgment, Olivier said: “The state has been given ... authority to use traps and undercover operations to detect, investigate, prevent and uncover crime.
“It’s important to emphasise prevention and proactive measures taken.
“Evidence ... is admissible if the conduct of the agent doesn’t go beyond providing the opportunity to commit an offence ...
“The court is of the view in this instance that we should embark on trial-within-a-trial proceedings.
“I have placed my views with regard to how the trial-withina-trial should be conducted and as to how it differs from that of confessions and admissions.
“However it will be discussed among all the parties so that all will know as to what procedure we will [use] on the next date.”
Sokupa’s arrest by the Hawks in May 2020 was effected after several complaints were received by the investigative unit from business owners and employers about questionable sick notes allegedly issued by the doctor.
According to the charge sheet, several patients who Sokupa had booked off between May 2018 and 2020 were allegedly medically fit.
Some of the patients in question had reported nosebleeds, flu or acute gastroenteritis.
Sokupa was accompanied in court by two women, who sat in the dock with her during her appearance.
She will be back in the dock on April 3.
The lawyers also claimed the operations constituted unlawful entrapment