The Cape High Court on Friday ordered the immediate release from prison, on parole, of convicted tax evader Colin Stanfield, who has been diagnosed with terminal lung cancer and has only six to 12 months to live.
Judge Deon van Zyl ordered that he be released ”forthwith” and that the paper work be completed ”post-haste”.
Stanfield’s release was ordered on Monday this week after a day of drama in court in which the prison authorities opposed the application for his release.
Although Stanfield’s deteriorating health made his release urgent, it was stymied by an application filed with the high court but not yet heard for leave to appeal the release order, launched by the prison authorities.
The application by the correctional services authorities effectively suspended Stanfield’s release pending the outcome of the appeal application.
However, Stanfield’s legal team, senior counsel Jeremy Gauntlett and advocate Kim Spottiswoode countered this on Friday with an application to compel compliance with the order for Stanfield’s release.
This was contested by senior counsel Denzil Potgieter, representing the prison authorities.
During the proceedings, the judge took strong exception to the assertion of a senior prison official, Philippus Mans, that judges lacked experience in parole procedures.
The judge said this smacked of arrogance, verging on contempt of court.
The prison authorities also tried to enforce a condition of release which would have banned Stanfield from consuming liquor whilst under house arrest.
The judge said there could be no harm in Stanfield having a glass of wine or two and merely prohibited Stanfield from drinking excessively or making use of narcotic drugs. – Sapa