The Citizen (Gauteng)

Tigon’s Bennet facing arrest

‘DELAYING TACTICS: JUDGE REJECTS ILL HEALTH CLAIMS

- Antoine e Slabbert

Fraud and racketeeri­ng accused Sue Bennett is sick again, her attorney says, requiring gentle understand­ing in her 14-year criminal trial. But the judge is having nothing of it.

Judge Brian Spilg has ordered the arrest of Sue Bennett, an accused in the 14-year-old Tigon trial, unless she shows up in court at 10am tomorrow. Bennett has failed to appear at several hearings since January 30 despite an express warning from Spilg. Letters from her medical profession­als say she suffers from ill health.

Long charge sheet

Bennett and her co-accused Gary Porritt are on bail. They are facing more than 3 000 charges under the Companies Act, Stock Exchanges Control Act and Income Tax Act, as well as fraud and racketeeri­ng, all relating to the same events.

The pair have repeatedly delayed the trial. The Supreme Court of Appeal has observed “they intend to employ every stratagem available to them in order to delay the commenceme­nt and thereafter continuati­on of the trial for as long as they possibly can”.

Porritt and Bennett are unrepresen­ted, allegedly because they have run out of money. Their earlier applicatio­ns for legal aid were rejected after they refused to disclose their financial details.

Bennett was, however, represente­d by attorney Frank Cohen and advocate Annelene van den Heever last week, allegedly on a pro bono basis.

Van den Heever submitted a letter from Dr Maria Dobreva, a private psychiatri­st, who said Bennett suffers from burnout and major depression, requiring medication and possibly hospitalis­ation. Dobreva says Bennett is unable to participat­e in court proceeding­s and needs until the end of March to recover.

This contradict­s the letter dated February 10 by Dr Andries Brink, clinical manager at the Knysna District Hospital, who examined Bennett on request of the court. Brink said Bennett suffers from significan­t anxiety, “but considerin­g her current legal battles this is understand­able”.

Porritt submitted an affidavit in support of Bennett, describing at length her condition. He describes her battles with a congenital heart condition and tells the court how his grandmothe­r whom he loved dearly, suffered from the same condition and ended up dropping dead after baking bread for his grandfathe­r.

He complains the state has “pushed and badgered” Bennett “to cause her life-endangerin­g stress and anxiety”. He states: “As sure as God made little apples, if this conduct is allowed to continue, Mrs Bennett will indeed be killed from the stress she is being forced to undergo.”

Adv Etienne Coetzee for the state raised concern about further delaying the trial. He asked why a sickly Bennett was unable to come to court, but was able to fly from Knysna to Pietermari­tburg to see the psychiatri­st.

In absentia

Coetzee suggested the trial continues in Bennett’s absence with both video and audio recordings.

Spilg asked why Bennett was unable to attend court last Thursday and said nothing in the psychiatri­st’s letter explained her absence on the day. He made an order for the arrest warrant to be executed at 10.05am tomorrow, unless she appears in court.

Newspapers in English

Newspapers from South Africa