Durban - A Durban attorney, who spent the weekend behind bars after he was convicted of fraud, has been granted bail.
Shameer Goolabjith, 41, was released on R10 000 bail in the Durban Regional Court on Monday, pending the appeal of his conviction and sentence.
Last week, he was sentenced to five years behind bars after he was found guilty of falsifying a claim, purportedly on behalf of a complainant, and suing the minister of police for R100 000, the National Prosecuting Authority (NPA) said.
The alleged fraud took place in July 2015.
Goolabjith was arrested on July 7, 2016 and released on R1 500 bail the same day.
NPA provincial spokesperson Natasha Kara said two years of the sentence was suspended and he was ordered to serve an effective three years behind bars.
However Goolabjith, represented by top Durban attorney Anand Nepaul, launched a fresh application to petition the judge president on Monday.
In a sworn affidavit, Goolabjith said he was innocent and had never breached his bail conditions during the four-year trial.
The accused said: “The only basis upon which any evidence was tendered at all as to my alleged actual involvement in the offence (if it indeed was an offence) was that I had signed the particulars of claim and summons which had emanated from my office.”
Goolabjith, the owner of Shameer Goolabjith & Associates in Westcliff, has been practising as a attorney for 18 years.
In addition Goolabjith denied having ever met the complainant.
He said it was his brother and paralegal Shaneel Goolabjith who took instructions from the complainant’s wife.
“Shaneel testified and gave evidence. He confirmed that he only told me that the instruction came from Mrs Harvey and not Mr Harvey long after I had signed the particulars of claim (in fact, after my arrest).“
Magistrate Jacobs granted Goolabjith bail.
Part of his bail conditions is that he must report to Chatsworth police station every Monday, hand in his travel documents to the investigating officer and not interfere with witnesses.
If the appeal hearing is denied, Goolabjith will have to report to prison seven days afterwards.
IOL