‘Bo­gus lawyer’ case on hold

Weekend Post (South Africa) - - NEWS - Devon Koen koend@ti­soblack­star.co.za

A NOTICE served on a state pros­e­cu­tor and fur­ther at­tempts to ap­peal for bail have led to the trial date of al­leged fraud­ster Brenda War­dle be­ing pushed back.

War­dle ap­peared briefly in the Port El­iz­a­beth Com­mer­cial Crimes Court yes­ter­day for a date to be set for her trial.

But after los­ing her ap­peal for bail in the Port El­iz­a­beth High Court on Thurs­day, she now in­tends ap­ply­ing for a fur­ther ap­peal.

Rep­re­sent­ing her­self since she was ar­rested in East Lon­don last year, War­dle told the court it would not be in the in­ter­ests of jus­tice to go ahead with trial un­til all her op­tions had been ex­hausted. “I don’t think jus­tice will be served be­fore all op­tions are ex­hausted,” she said.

War­dle be­came a house­hold name when she gave lo­cal and in­ter­na­tional le­gal com­men­tary dur­ing the Os­car Pis­to­rius murder trial.

She has been charged with fraud after it was found that she was not a le­gal prac­tis­ing at­tor­ney as de­fined by the At­tor­neys Act when she al­legedly told an Eastern Cape fam­ily she could get their rel­a­tive, serv­ing a 12-year sen­tence for murder, paroled early.

War­dle al­legedly swin­dled the fam­ily out of more than R500 000 be­tween 2009 and 2013.

Pros­e­cu­tor Tjaart van Zyl said he had re­ceived a notice in­di­cat­ing that War­dle in­tended to ap­ply for leave to ap­peal the judg­ment handed down by Judge Glen Goosen on Thurs­day where he dis­missed her ap­peal.

“The post­pone­ment [yes­ter­day] was a re­sult of the bail ap­pli­ca­tion which was dis­missed. The state re­quests to re­mand the case for trial,” Van Zyl said.

War­dle told mag­is­trate Hannes Claassen there were two out­stand­ing ap­peals she in­tended to pur­sue – Goosen’s judg­ment and that of Judge Day­alin Chetty who ear­lier dis­missed her ap­peal against the Depart­ment of Jus­tice and six oth­ers.

The ap­peal against Chetty’s dis­missal stems from War­dle ac­cus­ing the de­part­ments of jus­tice and cor­rec­tional ser­vices and the min­is­ter of po­lice, among oth­ers, of in­fring­ing her rights while she was be­ing held at North End prison – la­belled the “Rooi Hell” and the “house of a thou­sand devils”.

War­dle said she was not be­ing of­fered ad­e­quate fa­cil­i­ties in or­der to pre­pare for her case while in prison.

Claassen said War­dle should be allowed to ex­haust all her op­tions be­fore the trial started but agreed with Van Zyl that “backup trial dates” be ar­ranged so as to en­sure the court’s avail­abil­ity when the trial even­tu­ally kicked off.

Pre­vi­ous re­quests by War­dle in­clude that she be sup­plied with three-ply toi­let pa­per and that she be allowed to use her lap­top charger cable in the hold­ing cells while at court.

A pro­vi­sional date has been set for June 11 to al­low War­dle enough time to deal with her ap­peals.

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