Appeal set down for 1 February 2013
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Oudtshoorn. 9 November 2012. 07h00. Adv Susan Galloway of the NPA in Cape Town told O!O yesterday that the Judge President reinstated Noël Pitersen’s bail on the strict condition that Pietersen files his heads of argument for the appeal hearing on February 1 next year by 21 December.
Should Pietersen again fail to file or to appear the appeal will be scrapped and the 5 year prison term handed down by the Oudtshoorn Regional Court on February 15 will stand.
For the appeal to then be placed on the roll for the third time, having been scrapped on September 14 (see the story at 25 September below) Pietersen will have to show good cause and that the appeal has merit.
As Pietersen agreed to the December 21 filing, he would have no argument for good cause should he fail to adhere to the condition of his reinstated bail.
Oudtshoorn. 22 October 2012. 13h00. Adv Susan Galloway het vanoggend aan O!O gesê dat die DoV en Noël Pietersen se prokureur ooreengekom het dat die aansoek om kondonasie vir die laat appèl, sowel as die appèl, op 1 Februarie volgende jaar deur die hooggeregshof aangehoor sal word.
Intussen moet Pietersen ‘n aparte aansoek voor die hoogeregshof bring om sy gekanselleerde borg te herstel.
Die DoV sal dié aansoek nie teenstaan nie.
Oudtshoorn. 17 October 2012.
12h30. Adv Susan Galloway of the NPA in Cape Town told OO a minute ago that Pietersen’s legal advisors claim that the notices to file and to appear were never received.
The facts are as follows:
Pietersen’s bail is revoked.
Pietersen will have to apply to the High Court to have his bail reinstated. Galloway is monitoring this case and will not allow Pietersen’s lawyers to arrange the reinstatement with a local Clerk of the Court – in Oudtshoorn or Burgersdorp, or wherever.
The NPA will not oppose the reistatement of the bail, under specific conditions: that the condonation application be filed, together with the appeal heads of argument, at a reasonable date.
Because the Court record is substantial, the Judge President will have to allocate the hearing. All things being equal, Pietersen’s appeal will be heard sometime during the first quarter of 2013.
10h15. The Oudtshoorn Clerk of the Court issued a so-called Schedule M to the local investigative officer to serve on Noël Pietersen to report to start serving his jail term.
However, Pietersen’s attorney, Ezechiel Beddy, filed a motion yesterday only to have the matter placed on the roll again.
The Clerk submitted this motion to the Registrar of the High Court and to the NPA in Cape Town.
Oudtshoorn. 27 September 2012. 13h30. I know nothing!
Ya’all know this hillarious cry by Andrew Sachs’s iconic character, Manuel, in the BBC sitcom Fawlty Towers.
Well, Dooms Pietersen knows nothing about no appeal being scrapped by two High Court Judges, reports Die Hoorn today.
OO was first to report on this ligte mistykie on Tuesday – see the story below at 25 September.
Both Dooms and his lawyer were “shocked” when they learned that the appeal against a five year jail term was scrapped.
This while they were still waiting to hear from the High Court when papers were to be filed.
This was also the apparent attitude of Advocate Susan Galloway of the NPA’s Western Cape Office when OO spoke to her for the second time this week about Pietersen’s case.
“He’ll just have to do as everybody else does in such circumstances”, said Galloway.
Pietersen will have to bring a successfull application for condonation, to be opposed by the NPA, before the High Court, or “move directly to jail; do not pass ‘Begin’; do not collect R20,000”, as the popular board game sometimes directs.
OO doubts whether Dooms has one of those pink Monopoly Community Chest “Get out of jail free” cards.
Oudtshoorn. 25 September 2012. 13h20. Oudtshoorn’s controvercial former municipal manager, Noël Pietersen, has fumbled his appeal against a 5 year prison term handed down by the Oudtshoorn Regional Court on February 15.
Adv Susan Galloway of the NPA Western Cape told OO that a notice to file Heads of Argument was issued to both Ezekiel Bedi, Pietersen’s lawyer, and Jerome van der Schyff, Pietersen’s advocate, on May 2. Transcripts were attached.
When no reaction was evident on June 22 the matter was put down to be heard on September 14.
Justices Steyn and Cloete scrapped the appeal on September 14, in the absence of Pietersen.
Pietersen has blazenly ignored the Court Rules and the registrar of the Western Cape High Court will now instruct the Oudtshoorn Court Clerk to serve notice on Pietersen to present himself within 14 days of receiving the notice to start serving his sentence.
Pietersen may ask for condonation, but Galloway has indicated that the NPA will oppose such application.
Pietersen will have so show good cause for failing to adhere to the Court Rules and the merit of the appeal will also be considered in the condonation application.
The application for condonation must also be made within a “reasonable time” in order to be considered. It is already six court days since the scrapping of the appeal.
Pietersen’s bail has been revoked and he is, for all practical purposes, a fugitive at this time.
Bedi could not be reached for comment, but Van der Schyff told OO that he was waiting for Bedi to provide the transcripts so that he could draft heads of argument.