A former Gqeberha attorney who allegedly stole from a widow and her children was granted bail of R50 000 in the city's magistrates court on Friday.
Shaun Masimla, 51, allegedly stole more than R600 000 from the widow whom he represented in a Road Accident Fund Claim in 2018.
He was struck from the roll of attorneys in 2021 due to a separate, yet similar pending case against him.
According to the charge sheet, Sindiwe Mdutyana's husband, Zingisa, died in a car accident on 1 July 2010, and in 2014 she appointed Masimla to represent her in the RAF claim.
In January 2018, the RAF paid more than R657 000 into Masimla's trust account, but he is alleged to have only paid over R80 000 to the claimant.
By May of that year, there was just R660 of the RAF money left in the account.
In 2021, the Legal Practice Council's Fidelity Fund compensated Mdutyana in the amount of R540 000 for the loss.
State advocate Thinus de Jager, who opposed Masimla's release on bail, told the court that he was out on bail for a month on the pending Schedule 5 offence, when the most recent one was allegedly committed.
Friday's bail application had been ruled a Schedule 6 offence. .
De Jager also said Masimla was familiar with the witnesses, that the investigation had been completed, and that the state had a strong case against him.
He read the affidavit of the investigating officer, Sergeant Siviwe Lucwaba into the court record, who said Masimla was well known at the Directorate for Priority Crime Investigations (DPCI).
According to Lucwaba, Masimla followed the same "modus operandi" as in the previous case.
Masimla's attorney, Danie Gouws, however, told the court that his client was not a flight risk, he posed no danger to the community, had no intention of interfering with state witnesses, and was intent on proving his innocence during the trial.
Gouws said that his unemployed client was the primary caregiver of his Father who is bedridden due to Cancer, he has no assets in any other country and does not have any travel documents.
He deems the odd jobs he does to support his family as "blessings."
The defence further highlighted the "poor living conditions" at the St. Albans Correctional Centre.
According to Gouws, detaining Masimla at St. Albans would put his safety at risk, since he used to represent many prisoners in gang-related matters.
Magistrate Dumisani Apollos said the proper administration of justice has to strike a balance between the interests of the accused and that of society.
He also said as the claimant's attorney, Masimla was placed in a position of trust.
As part of his bail conditions, Masimla is to report at the Algoa Park police station every Monday and Friday.
The case was postponed to 4 December.
Also read: Disbarred attorney nabbed by Hawks for allegedly stealing from a widow
