Sean Westcott’s bail application will proceed tomorrow

UPDATE: Sean Westcott granted bail on condition that Tovasize shuts down

Sean Westcott, who operates alleged pension fund tracing company, Tovasize (previously operating as Donafin) will appear at the Vryheid Magistrates Court tomorrow, February 28, for a formal bail application.

It is believed that an advocate from the Durban Commercial Crimes Court will be assisting the state to oppose bail. The matter was initially set down for February 26 but had to be postponed by the court.

Here is a recap of what occurred during Mr Westcott’s first and second court appearance on February 19:

Sean Westcott arrived at court late Monday afternoon, wearing a crisp white shirt audaciously baring the Tovasize logo.

Tovasize, which was previously operating in Vryheid as Donafin, is being accused of luring hundreds of people to pay an admin fee of R1 500 with the promise that it guarantees the pay out of unclaimed pension funds that the company will help you trace. Staff and clients have come forward to say that nobody has ever been paid what was promised to them, and claimed that the entire business is likely operating as an elaborate Ponzi scheme, with some people being paid a portion of what was promised, from the pool of admin fees, to make the scheme appear more attractive.

Whether it was pride in his business brand or shameless arrogance, confidence in his release or brazen cheekiness, or even a sense of self-righteousness that inspired Sean’s wardrobe decision, we can only speculate. Perhaps, it was just the shirt he was arrested in.

As he stood in the docks, he constantly turned around to get a look at who was behind him in the public gallery, acknowledged friends and family who arrived to support him, with a curt nod.

His left eye was bloodshot, as if he had been hit in the face, but we believe that it is a result of an altercation that took place prior to his arrest and has nothing to do with his imprisonment.

ALSO READ: Exclusive Exposé: Sean Westcott, Saviour or Skelm?

Magistrate Albert Mdlalose is the presiding officer at B Court for the day, and reluctant to proceed with a bail application so close to closing time at the court. He also did not want to make a decision to set down a bail application for the next day, knowing that he was going to be absent from court due to a personal matter, and would not be able to hear the merits of the case for himself.

State prosecutor, Mrs Buthelezi, has indicated, that Sean is being charged for an estimated R10 million in fraud. This information draws a derisive chortle from one of Sean’s supporters in the gallery. Mrs Buthelezi further requests a postponement of the bail hearing to February 26, politely explaining that the state is opposing bail but wasn’t ready to proceed as yet.

“An advocate from the Durban Commercial Crimes Court will be handling the bail application on behalf of the state and his earliest available date is February 26,” said Mrs Buthelezi. “The investigating officer in the case is also not here and he needs to familiarise the state with the case before we can proceed.”

Sean’s attorney of record, Bongani Kunene, assisted by attorney, Mduduzi Masuku, asked that the bail application be set down for the next day (Tuesday), at the latest.

“The warrant of arrest was authorised by a magistrate at the Vryheid court on February 14 (Thursday), but my client was not arrested on that day. Instead he was arrested over the weekend, when he had to spend more unnecessary time behind bars,” began Mr Kunene.

He went on to point out that the case number on the docket indicates that the case has been under investigation since last year. “The investigation should have been completed by now. To ask for a warrant to be issued, shows that there is an intention to prosecute and any investigation pertaining to bail should have been completed,” continued Mr Kunene.

“The applicant is a businessman. Everything stops at the moment of arrest. A bail application should be heard as a matter of urgency. He has the right to a prompt decision. The state cannot detain a person to complete an investigation. My client has a right to liberty and a speedy trial. He has a right to be released.”

Mrs Buthelezi urged the court to consider the interest of justice with the interest of the accused when making a decision.

Mr Mdlalose eventually decided to postpone the case to Tuesday and allow the presiding magistrate the opportunity to decide when the bail application should take place.

“It is correct that a bail application is always a matter of urgency,” begins Mr Mdlalose. “The court is aware that the accused is entitled to his freedom but, at the same time, the state, when it is opposing bail, needs to be given enough time to prepare. Another magistrate will be here tomorrow, so I would like to postpone the matter to be placed before that magistrate to decide which date is suitable for a bail application. We will see tomorrow what happens and what that magistrate decides. It will be discussed and everyone will come to an agreement so that it can be dealt with.”

Sean smacks his hand against the docks and slams the door closed as he is dismissed. His expression is dark and his frustration at having to spend another night behind bars is evident as he strides out of the court room with the officer ushering him back to the holding cells.

ALSO READ: Exclusive Exposé: ‘Businessmen’ make millions peddling empty promises and false hope

The next day (Tuesday), Sean is more composed in a comely dark navy formal shirt. Court proceedings are delayed by nearly two hours as Magistrate Botha concludes matters in the civil court before attending to the criminal court, where he is relieving Mr Mdlalose for the day.

The prosecutor on this day is Mr Mazibuko. He repeats the fact that the state wishes to postpone the bail application to February 26, as this is the earliest date that the advocate from the Durban Commercial Crimes Court will be available to oppose the bail application on behalf of the state.

This time, it is Mr Masuku who speaks on Sean’s behalf. “This matter was rolled over to today,” he confirms. “The applicant wants to bring an urgent application for bail. He is a businessman and his detention has led to the ceasing of the business. He has 23 employees and he runs the company himself. The availability of the DPP (Department of Public Prosecutors) does not suffice as a reason to postpone the matter. To postpone bail, the reason must be reasonable and in the interest of both parties, no rights should be violated. I ask that the matter proceed for bail application as further delay will impact on the people the applicant has employed. My client provides services to the public and since he has been detained his operations have ceased.”

“Certain investigations need to be conducted before we proceed with the bail application,” argues Mr Mazibuko. His lips part in an incredulous smile as he adds, “With regards to the business, this matter (the fraud investigation) stems from the very same business. It is the whole crux of why the accused was arrested. Now, he is asking the court to be released on bail to continue with that business. I can’t believe he would present that as a reason to be released.”

(We can’t believe it either)

Magistrate Botha is firm when he concludes, “If the accused as an individual has rights, it still needs to be weighed against the interest of justice. I take cognisance of the fact that this has an effect on the accused. So be it. The state has a right to apply for a postponement to bail and is not outside its boundary in applying for this postponement. I refuse to allow for this matter to proceed today. The matter will proceed on February 26.”

Get regular news updates. Follow the Vryheid Herald on Facebook and Twitter.

Got news? Email estella@caxton.co.za or Whatsapp 0792567570.