The accused were charged with various counts in terms of the Prevention of Organised Crime Act (“POCA”). The court was presented with evidence which led to the accused’s’ arrest. During the trial, it became apparent that there was an informer who was working for the Scorpions and was gathering information of the crime syndicate. The court considered the requirements in POCA to be convicted of a crime and found that the state is required to establish the existence of an enterprise, a pattern of racketeering activity and a link between them and the accused It must thereafter establish that the accused participated in the enterprise’s affairs and that such participation was through a pattern of racketeering activity. When looking at the evidence the court considered the fact that the defendants all utilised prepaid cell phones and the contention of the defendants that the monitoring of their cell phones was illegal. The court found that the monitoring of the calls allowed the police to build profiles on each of the accused. This meant that the police could build enough evidence and against the accused and their accomplices. The defendants denied their involvement, and contested that the manner in which the evidence was obtained was unfair and not in the interests of justice.
Country
Territorial subdivision
Court
Type of court
Seat of court
Port Elizabeth
Court jurisdiction
Date of opinion
2012
Abstract
Language of document
English
Reference number
2013 (1) SACR 369 (ECP)
Charges
Unlawful engagement in the fishing, collecting, keeping, transportation, controlling of or being in possession of abalone without a permit. Conducting or participating in the conduct of an enterprise through a pattern of racketeering activities in terms of the Prevention of Organised Crime Act.
Transnational
No
Decision
The evidence presented by the state was appropriately investigated and there was no element of fault. Based on the evidence presented by the state, the court found that it established beyond any doubt the falsity of the versions offered by the defendants. The evidence thus proved their direct involvement. The court found that the evidence shows that the investigations were conducted in a scrupulously fair manner and is beyond reproach. The accused were all convicted.
Appealed
Yes