Australian paedophile to remain in SA jail

A paedophile who abused eight Cape Town children after fleeing justice in his native Australia has lost the latest round of his battle to avoid extradition. A Sunday Times Daily report says Anthony Freedendal (79) asked the Western Cape High Court to stay his extradition and free him from Pollsmoor Prison. He has been in prison since being arrested in 2014 for sexual offences involving three boys and five girls from his church during sleepovers at his home. He wanted to be released while fighting the Justice Minister’s decision to grant Australia’s extradition request. But Judge Derek Wille said last week the court had no authority to stay the extradition process or to release Freedendal on bail.

Freedendal was jailed for five years in April 2015 after pleading guilty and would have been eligible for parole in August 2016. But, notes the Sunday Times Daily report, three months earlier South Australia police issued an arrest warrant. They want Freedendal to go on trial in that country on 24 sexual abuse charges involving eight children aged between seven and 11, committed between 1999 and 2003. In September 2016, Australia made an extradition request, and a year later a Wynberg magistrate found extradition was justified, referring the matter to the Justice Minister for a decision (See Magistrate rules Australian paedophile liable for extradition in Legalbrief Today). Justice Minister Ronald Lamola decided in July 2020 that extradition should go ahead, prompting Freedendal’s High Court application. On the paedophile's arguments that the Minister has not complied with the SA-Australia extradition treaty, that he suffers from serious health problems and that his detention is ‘severely’ infringing upon his human rights and dignity, Wille said: ‘The conclusion is drawn that no reason can be advanced why the ailments (Freedendal) suffers from cannot be the subject of the necessary medical treatment in Australia. Further, it is recorded by the medical healthcare workers that most of (his) conditions can be treated ... at primary health level and that his chronic conditions are currently well controlled. In addition, (he) is fit enough to travel overseas.’

Judgment

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