Lawyers bid to block prosecution fails
Disbarred Durban lawyer Ian Stokes attempt for a permanent stay of prosecution has failed, meaning he faces a trial on charges of theft and fraud amounting to R8.8m, according to a report in The Mercury.
Durban High Court Acting Judge Anton van Zyl said such applications were rarely granted because they were drastic, affected the public view of the criminal justice system and affected complainants. I am not satisfied that the applicant has demonstrated that a fair trial cannot take place, he said. The judge said the right to a fair trial was a broad concept which also took into account the interest of justice, of the public and of the state. He added Stokes right to a fair trial did not cease because this application had been refused. The report notes that while the State has reserved court dates (May 21 to June 29) for the trial, indications are that Stokes will appeal against the ruling. Full report in The Mercury (subscription needed)