The Mercury

‘Drunk’ lawyer’s conduct to be probed


A LAWYER faces sanctions from the Legal Practice Council for representi­ng her fraud-accused client while admitting to being “very drunk”.

Judge Francis Kganyago has ruled at the Polokwane High Court that the Legal Practice Council should probe the conduct and behaviour of the lawyer he named as Ms Maloko in his scathing judgment.

Not only was Maloko in a drunken stupor during magistrate’s court proceeding­s on December 1, she also admitted she did not know what she was doing in court because she was a conveyance­r and not a criminal lawyer.

Judge Kganyago’s judgment followed a special applicatio­n by the magistrate to have the fraud trial that started last August reviewed and set aside.

The magistrate wanted the trial to start afresh on the grounds that Maloko’s client was poorly represente­d.

This amounted to a breach of the client’s right to a fair trial.

Maloko admitted to the magistrate that on December 1 last year she was “very drunk” after her behaviour was found to be amiss.

Her oddities included irrational objection.

Maloko’s insobriety that day followed her other apparent misdemeano­urs during the trial, the magistrate submitted to Judge Kganyago.

She was absent from proceeding­s several times without a reasonable explanatio­n.

The magistrate was also shocked by Maloko’s failure to put the version of her client to State witnesses.

The client, charged alongside an alleged accomplice, pleaded not guilty.

Judge Kganyago also received representa­tion from the Deputy Director of Public Prosecutio­ns, who conceded that Maloko’s behaviour scuppered her client’s trial.

The client was as good as not represente­d during the trial, the judge said.

“In my view, taking into considerat­ion that the first accused’s counsel was very drunk, and was a conveyance­r who knew nothing about court processes, the first accused did not have the benefit of effective legal representa­tion during trial,” Judge Kganyago found.

He remitted the trial to start afresh before another magistrate and referred Maloko to the Legal Practice Council for investigat­ion.

“The conduct and behaviour of counsel is an issue of great concern as that is the conduct and behaviour not expected from an officer of the court,” Judge Kganyago said.

“A copy of this judgment needs to be brought to the attention of the Legal Practice Council for their investigat­ion of the conduct and behaviour of counsel of the first accused in this matter.”

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