Attorney's road fund theft case awaits decision by prosecutions director

The Rustenburg regional court has postponed the theft case of disbarred attorney Betty Diale, 52, until October 31 for the North West director of public prosecutions (DPP) to decide on her representations.

There is no escape from the malignant logic: when you can’t pay your debts you lose your freedom to choose, says the writer.
There is no escape from the malignant logic: when you can’t pay your debts you lose your freedom to choose, says the writer. (123RF/INSTINIA)

The Rustenburg regional court has postponed the theft case of disbarred attorney Betty Diale, 52, until October 31 for the North West director of public prosecutions (DPP) to decide on her representations.

“Should the representations be rejected by the DPP, a new trial date will be determined by all parties,” National Prosecuting Authority spokesperson Henry Mamothame said on Tuesday. 

Diale first appeared in court in 2021 to face six charges of theft amounting to about R700,00 allegedly stolen from Road Accident Fund (RAF) claimants. According to police reports, the Legal Practitioners Fidelity Fund received several complaints from the RAF claimants whose payments were deposited into Diale's trust account. 

The fund’s primary purpose is to reimburse clients of legal practitioners who may suffer loss due to the theft of money or property entrusted to an attorney.

Diale was practising as an attorney during the alleged commission of the crimes between 2009 and 2011 and was subsequently charged with six counts of theft in June 2021. Diale was struck from the roll, preventing her from practising as an attorney. 

Mamothame said on Tuesday a warrant of Diale’s arrest was previously issued for failing to appear in court and also for failing to provide reasons for her absence on September 26. She was rearrested on October 6 and released on warning. 

 “An enquiry was held on her absence and the court subsequently accepted her medical certificate.” 

Mamothame said all necessary documents were provided to her in preparation for trial, as she had indicated that she would represent herself.

TimesLIVE 


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