Attorney on wrong side of dock

2003-09-01 18:45

Cape Town - The Cape High Court on Monday rejected an attempt to muzzle the media, in criminal proceedings involving former prominent attorney Hoosain Mohamed, who faces charges of embezzling millions of rands intended for victims in Road Accident Fund claims.

Defence counsel William King told acting judge Joe van der Westehuizen the press had "become a problem".

King asked the judge to warn the media against sensationalising the case, but the judge declined and said: "Be it on their heads if there is any unfair reporting."

The hearing was to have started on Monday, but King wanted a postponement for defence preparation of the case.

He said Mohamed's only access to money, to fund his defence, was through the curator appointed to control his assets, and the curator had initially decline to release money required by the defence team unless Mohamed made full disclosure about his assets.

Mohamed had now done so, and the curator had conditionally given an undertaking to make funds available.

One condition was the successful repatriation of R4m held by Mohamed in foreign bank accounts, and repatriation of the money by the curator could only happen if Mohamed furnished the curator with a power of attorney.

The judge said King's request for a postponement had to take the form of a formal application, and the case was postponed to Friday to give King time to file formal affidavits for the application.

Mohamed's once-thriving legal practice, H Mohamed and Associates, no longer exists, following his high-profile arrest in June, 2001.

With him in the dock are his former partner, Ahmed Chohan, and former staff member Michael Mulligan.

Neither of the three have yet been asked to plead to the charges.

- SAPA