Durban lawyer convicted of swindling client out of RAF payout

2019-01-25 14:16
Road Accident Fund. (website screen grab)

Road Accident Fund. (website screen grab)

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A Durban lawyer who swindled an accident victim of nearly R1m and misused millions in his trust account, was convicted of fraud and sentenced to correctional supervision.

Koobashen Naicker, 48, was convicted in the Durban Specialised Commercial Crimes Court, Hawks spokesperson Brigadier Hangwani Mulaudzi said on Friday.   

In 2006, the law society opened a fraud case on behalf of the victim, who lodged a Road Accident Fund (RAF) claim through Koobashen Naicker Attorneys and Associates. 

"RAF paid almost R999 977 to Koobashen Naicker Attorneys and Associates' trust fund in 2008. Instead of paying the amount to the client, he pocketed the money and as a result, a case of fraud was opened against him," Mulaudzi said.

He added that investigations revealed that Naicker misused a further R5.8m from the trust account.

Naicker was arrested on November 25, 2016 and charged with 294 counts of fraud.

He appeared in court several times before he was convicted.

"He was sentenced to five years' imprisonment which was wholly suspended on condition that he must [spend] three years [under] correctional supervision. The loss was paid back to the victim by the law society from the Fidelity Fund," Mulaudzi added.

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