S v Roberts and Others (CC 20/2011) [2012] ZAECPEHC 72; 2013 (1) SACR 369 (ECP) (27 September 2012)

S v Roberts and Others (CC 20/2011) [2012] ZAECPEHC 72; 2013 (1) SACR 369 (ECP) (27 September 2012)

The court found that the State had established beyond reasonable doubt that the accused were part of a criminal enterprise engaged in illegal abalone poaching and trade, constituting racketeering activities under POCA. The evidence, including accomplice testimony, documentary evidence seized during a lawful search, and intercepted telephone communications obtained under valid judicial directives, proved the existence of an enterprise, a pattern of racketeering activity, and the direct involvement and management by accused no. 1 and 2. The search of accused no. 1's home was lawful due to urgency and consent. The intercepted communications were admissible and corroborated the accomplice...

Citation
[2012] ZAECPEHC 72
Parties
Applicant: The State; Defendant: Peter Michael Roberts; Defendant: Carolina Roberts; Defendant: Jonathan Daniel Nel; Defendant: Bruce Robert Burnstein; Defendant: John Nell
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
27 September 2012
Case Number
CC 20/2011
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
Accused no. 1 is convicted on counts 1, 2, 3, 4, 6, 7, 8 and 9. Accused no. 2 is convicted on counts 1, 2 and 9. Accused no. 3 is convicted on counts 1, 4, 7, 8 and 9. Accused no. 4 is convicted on count 9. Accused no. 5 is convicted on count 1. Accused no.'s 1, 2 and 3 are acquitted on count 5.
Judges
Chetty
Legal Topics
Racketeering, Prevention of Organised Crime Act, Illegal Trade in Abalone, Search and Seizure, Admissibility of Intercepted Communications, Accomplice Evidence
Criminal Law Environmental Law Racketeering Prevention of Organised Crime Act Illegal Trade in Abalone Search and Seizure Admissibility of Intercepted Communications Accomplice Evidence

Case Brief

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Parties

The State

Applicant

Peter Michael Roberts

Defendant

Carolina Roberts

Defendant

Jonathan Daniel Nel

Defendant

Bruce Robert Burnstein

Defendant

John Nell

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused conducted or participated in the conduct of an enterprise through a pattern of racketeering activities under POCA.
  2. 2 Whether the accused managed the operation or activities of an enterprise conducted through racketeering.
  3. 3 Whether the search and seizure of documents at accused no. 1's home was lawful and admissible.

Ratio Decidendi

The court found that the State had established beyond reasonable doubt that the accused were part of a criminal enterprise engaged in illegal abalone poaching and trade, constituting racketeering activities under POCA. The evidence, including accomplice testimony, documentary evidence seized during a lawful search, and intercepted telephone communications obtained under valid judicial directives, proved the existence of an enterprise, a pattern of racketeering activity, and the direct involvement and management by accused no. 1 and 2. The search of accused no. 1's home was lawful due to urgency and consent. The intercepted communications were admissible and corroborated the accomplice...

Court Disposition

Accused no. 1 is convicted on counts 1, 2, 3, 4, 6, 7, 8 and 9. Accused no. 2 is convicted on counts 1, 2 and 9. Accused no. 3 is convicted on counts 1, 4, 7, 8 and 9. Accused no. 4 is convicted on count 9. Accused no. 5 is convicted on count 1. Accused no.'s 1, 2 and 3 are acquitted on count 5.

Orders

  • The accused are found guilty as charged on the counts specified in the verdict.
  • The accused are acquitted on count 5 where the State conceded insufficient evidence.