The trial of a former Gqeberha attorney who allegedly stole from his clients will start in the city's Specialised Commercial Crimes Court on Friday.
Shaun Masimla, 51, has been charged with two counts of fraud, alternatively, theft, for allegedly pocketing money from clients for two Road Accident Fund (RAF) claims.
On the first count his client, Edison Cunningham was involved in a serious car accident in April 2000 that left him paralysed.
During 2001 a law firm instituted a claim against the RAF on Cunningham's behalf.
When there was no progress made in the case by 2011, Cunningham's wife, Berenice, approached Masimla to take over the matter.
The RAF compensated Cunningham in the amount of more than R3.5m, which was paid into Masimla's trust account in 2012.
The state alleges that over time, Masimla only paid R1.1m of the total amount to the complainant.
It is alleged that he misappropriated the remainder of the money by among others paying his creditors, salaries, food, and his wife.
In July 2015, according to the charge sheet, Masimla had confessed to the couple that he had spent their money, informing them that "his life was in shambles" and asked that they help him.
A criminal case was opened against Masimla in November 2015.
On the second count, Sindiwe Mdutyana appointed Masimla to submit a claim for loss of support to the RAF, after the death of her husband in a fatal car accident in July 2010.
The widow appointed Masimla in August 2014. In January 2018 the RAF paid out more than R650 000.
The state alleges that the accused only paid an amount of R80 000 to the complainant and that he misappropriated the rest.
In 2019, the Legal Practise Council assisted Mdutyana in instituting a claim against their Fidelity Fund.
The fund compensated her with more than half a million rand for the loss she and her children suffered at the hands of the accused.
Masimla, who is out on bail of R50 000, is represented by attorney Danie Gouws.
Advocate Lise Keech will represent the state.
