Facebook (Chantal du Plessis attorneys)
A local attorney has appeared in the Port Elizabeth Magistrates Court on two counts of fraud and theft of trust funds, respectively.
The National Prosecuting Authority says 46-year-old Chantelle du Plessis appeared in court on Monday.
The state did not oppose bail as Du Plessis cooperated with the police investigation and was subsequently released on warning.
Du Plessis, who is the owner of Chantal du Plessis Attorneys in Gqeberha and the firm, holds a trust bank account.
Ngcakani says in 2013, the owner of Cougar Clothing instructed Du Plessis to defend her in a civil matter instituted against her.
Four years later, in October 2017, the PE Magistrates Court passed a judgement against Cougar Clothing and ordered the owner to pay an amount of R 140 000 with interest.
Five months later, the owner deposited an amount of R50 000 into Du Plessis trust account with the instruction that the money was to be paid over towards the judgement debt. It is alleged, however, that she misappropriated all that money.
Ngcakani says it is also alleged that on 13 November 2018, the owner deposited a further amount of R100 000 into the trust account with the same instructions but du Plessis only paid R20 000 the following month and misappropriated the rest of the funds.
In June 2018, the attorneys who represented the complainant in the civil matter obtained a warrant of execution against the Cougar Clothing owner.
Ngcakani says when a Sherrif approached Cougar Clothing to attach a motor vehicle, the owner informed them that she had already paid her attorney R150 000 towards her judgment debt.
Later on the same day, Du Plessis paid R50 000 towards the judgment debt, however, it is alleged that she got the money from another client who purchased a house and made a payment of R150 000 that included transfer fees.
The NPA says du Plessis allegedly used R80 000 of that money to pay towards the Cougar Clothing judgment.
The matter has been moved to the Commercial Crimes Court and is on the roll for the 2nd of August.
