A 42-year-old former attorney appeared in the Grahamstown High Court on Monday on charges related to the theft of R1,4-million from his trust account.
Vuyo Poswa, of Queenstown, was not asked to plead and no charges were put.
He is alleged to have misappropriated an amount of R1 396 278 — paid to him on behalf of a client by the Road Accident Fund between December 2000 and May 2001.
He appeared before Justice Johan Froneman. His advocate, John Kayser, successfully argued that the trial be postponed until Wednesday, in order give him time to read the docket — which he said comprised more than 1 000 pages.
In the charge sheet, it is alleged that Poswa received an amount of R1 446 278 from the fund on December 21 2000, on behalf of Judith Clark, of Upington, who had been injured in a motor-vehicle accident.
The state claims that Poswa paid Clark R50 000, and ”converted the balance of R1 396 378 to his own use, and/or that of his firm”.
Kayser told the judge that he had only received instructions from the Legal Aid Board on Friday to act for Poswa, and only received the docket on Monday morning. He said he had not been able to consult with his client, who had only arrived in Grahamstown in the morning.
Froneman granted Kayser’s application for postponement over strong objections from state advocate Selwyn Gounden, who argued that the accused had repeatedly blocked efforts to have the trial set down by claiming he had no legal representation.
”This matter was transferred from Queenstown in March 2007, and on June 18, Mr Poswa appeared and informed the court he would represent himself. He then had the case against him delayed again, by changing his mind, saying he wanted legal representation. The state would like to proceed.”
Froneman ruled in favour of Poswa and said: ”Based on the evidence before me, the accused has a history of abusing the process regarding the setting-down of trial dates. Therefore the trial will proceed on Wednesday.”
Poswa, who was struck off the attorneys’ roll by the Cape Law Society in August 2001 for the alleged theft from his trust account, remains out of custody on his own recognisance. — Sapa