Move to seize thief’s assets
Asset Forfeiture Unit applies to confiscate R600 000 still owed to vet
JUST moments after final arguments were heard in mitigation and aggravation of sentence yesterday, the Asset Forfeiture Unit (AFU) brought an application for the confiscation of about R600 000 from convicted thief Louise Bowker.
The application extends to the assets of Bowker’s husband and late mother-in-law, who the state allege also benefited from the theft.
Bowker pleaded guilty last year to stealing more than R1.4-million from the Grahamstown Veterinary Clinic, where she worked as the practice manager. Bowker, in her 30s, gradually siphoned cash from Dr Phillip Gilfillan’s personal bank account and that of his small clinic, between May 2008 and November 2010.
The money was spent on luxury items such as her children’s private school fees, extravagant holidays and the remodelling of her second home.
Over the past several months, the Port Elizabeth Commercial Crimes Court heard extensive evidence from the defence in mitigation of sentence, in a bid to keep her out of prison.
Taking the stand for the first time yesterday, Gilfillan told of his anguish in trying to rebuild his practice following the devastating financial loss.
The quietly spoken Gilfillan said as a result of the theft, all his accounts were in arrears, he had to pay interest on his overdraft, and had to pay penalties to SARS. Gilfillan was testifying in aggravation of sentence.
Questioned by prosecutor Ronelle Brink, he said: “I could no longer afford to employ an assistant at the clinic and it put strain on me as a single parent who had to look after four young kids.” He said Bowker’s offers to repay the cash always came with strings attached.
Asked what kind of sentence the court should impose, Gilfillan said: “I leave that in the hands of the court.”
Advocate Warren Myburgh, acting for the AFU, brought an application in the afternoon for the confiscation of about R600 000.
Bowker’s assets were frozen shortly after court action was instituted in June 2011. While she has repaid some of the money, she still owes Gilfillan more than R600 000. The AFU now wants to retrieve that cash.
“The accused did not come to court with clean hands because there is evidence that her family benefited from the theft,” Myburgh said. His application was opposed by the defence.
Attorney Richard Lawrence said Bowker had made various attempts to settle the matter with the AFU, and that yesterday’s last-minute application was brought in bad faith.
“At no stage before [yesterday] was this application instituted,” Lawrence said.
Bowker is represented by Advocate Terry Price, instructed by Lawrence.
Magistrate Hannes Claassen will sentence Bowker on May 8, when he is also expected to make a ruling on the AFU application.