The trial of erstwhile Glenwood High School principal and fraud accused Trevor Kershaw has stalled at the starting blocks as his legal team prepares to elevate their fight to the Durban High Court.
Kershaw was arrested in April 2016 and faces 1‚624 charges of theft and fraud. He stands accused of fleecing the prestigious Durban school of R5.2-million.
This‚ investigators assert‚ was allegedly done using fraudulent payments and self-produced invoices.
With his trial at the Durban Commercial Crime court meant to start last week‚ Kershaw’s legal team objected to the charges levelled against him.
They argued that they had been overwhelmed with thousands of documents in electronic format which they had been unable to link to specific charges.
They held that a forensic auditor who was appointed to investigate the missing money had not been impartial.
Magistrate Judy Naidoo on Wednesday dismissed their application‚ saying they had sufficient time to peruse documents‚ examine them‚ and strategise about their defence.
Gideon Scheltema‚ SC‚ for Kershaw‚ said that he had been instructed to approach the high court to take Naidoo’s decision on review.
In terms of the Criminal Procedure Act‚ if the application is successful‚ the prosecution may have to amend charges or deliver particulars. If the prosecution does not comply‚ the court may quash the charge.
Scheltema said that this would delay the start of the trial.
“To expedite this matter we will undertake to get the records transcribed so that they are available as soon as possible. Then papers supporting the review application will have to be drafted‚” he said.
“It is very difficult to estimate the timeframe of this process and I can only put on record from our side that we will try and expedite the finalisation of the review process‚” Scheltema added.
The matter is expected to return to court‚ to provide the presiding officer with feedback‚ on October 18.
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