Magistrate rules Australian paedophile liable for extradition
Publish date: 09 October 2017
Issue Number: 746
Diary: IBA Legalbrief Africa
Australian paedophile, Anthony Peter Freedendal, was liable to be extradited to his home country to face a string of child sex charges, a South African court found last week, notes a report on the IoL site. The Wynberg Magistrate’s Court ordered Freedendal be committed to Pollsmoor Prison until Minister of Justice Michael Masutha makes a final decision on the extradition. Freedendal has 15 court days to appeal. Defence attorney William Booth said he has not yet taken instructions from his client regarding an appeal. However, he said he intends to make submissions to the Minister to request that Freedendal's age and ill health be taken into account. Freedendal is 76 and has cancer, tuberculosis, diabetes and high blood pressure. In her judgment, Magistrate Xoliswa Ndoyana found that the extradition application satisfied the principle of double criminality, requiring a crime for which an extradition is sought should be a crime in both the requested and requesting states. Ndoyana added she was also satisfied that affidavits Australian authorities supplied to SA set out that there was sufficient evidence to warrant Freedendal’s prosecution abroad. Freedendal was arrested in connection with the child sex charges in Port Lincoln, Australia, in July 2011 and was released on bail. According to papers before the court, the Australian charges were allegedly committed over four years against girls and boys, aged seven to 11. Freedendal was later given permission to visit SA, but with a condition that he return by 21 November that year. However, he never returned. Instead, he ended up being arrested and charged with the sexual abuse of eight children in Cape Town. He pleaded guilty and was sentenced to five years, but only 10 months had to be served in prison and the rest under correctional supervision. By the time he was due for release on parole, Australian authorities had requested his extradition.