UPDATE (PREVIEW): Sean Westcott will apply for bail on February 26

UPDATE: Sean Westcott granted bail on condition that Tovasize shuts down

On Tuesday, Sean Westcott made his second appearance at the Vryheid Magistrate’s Court.  Court proceedings are delayed by nearly two hours as Magistrate J Botha concludes matters in the civil court before attending to the criminal court, where he is relieving Mr A Mdlalose for the day.

The prosecutor is Mr Mazibuko. He explains that the state wishes to postpone the bail application to February 26, as this is the earliest date that the advocate from the Durban Commercial Crimes Court will be available to oppose the bail application on behalf of the state.

Sean is being charged with fraud to the value of roughly R10 million.

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Attorney, Mduduzi Masuku speaks on Sean’s behalf. “This matter was rolled over to today (from Monday),” he confirms. “The applicant wants to bring an urgent application for bail. He is a businessman and his detention has led to the ceasing of the business. He has 23 employees and he runs the company himself. The availability of the DPP (Department of Public Prosecutors) does not suffice as a reason to postpone the matter. To postpone bail, the reason must be reasonable and in the interest of both parties, no rights should be violated. I ask that the matter proceed for bail application as further delay will impact on the people the applicant has employed. My client provides services to the public and since he has been detained his operations have ceased.”

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“Certain investigations need to be conducted before we proceed with the bail application,” argues Mr Mazibuko. His lips part in an incredulous smile as he adds, “With regards to the business, this matter (the fraud investigation) stems from the very same business. It is the whole crux of why the accused was arrested. Now, he is asking the court to be released on bail to continue with that business. I can’t believe he would present that as a reason to be released.”

Magistrate Botha is firm when he concludes, “If the accused as an individual has rights, it still needs to be weighed against the interest of justice. I take cognisance of the fact that this has an effect on the accused. So be it. The state has a right to apply for a postponement to bail and is not outside its boundary in applying for this postponement. I refuse to allow for this matter to proceed today. The matter will proceed on February 26.”

Read the full account of Sean Westcott’s court case, including details of his first appearance late on Monday afternoon, on pages 1 and 2 of tomorrow’s edition of the Vryheid Herald!

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