{"id":21020,"date":"2013-07-09T17:36:21","date_gmt":"2013-07-09T15:36:21","guid":{"rendered":"http:\/\/www.myza.co.za\/lawyer-sheriff-ex-boss-in-dock\/"},"modified":"2013-07-09T17:36:21","modified_gmt":"2013-07-09T15:36:21","slug":"lawyer-sheriff-ex-boss-in-dock","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/lawyer-sheriff-ex-boss-in-dock\/","title":{"rendered":"Lawyer, sheriff, ex-boss in dock"},"content":{"rendered":"<p>        \t                                <!-- Main Editorial Image --><br \/>\n                    \t\t\t      \t\t\t                                      <img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/plugins\/rss-poster\/cache\/014bb_1751613685.jpg\" alt=\"scrap metla companies\" title=\"\" class=\"pics\" \/><\/p>\n<p class=\"captions_credit_article\">Independent Newspapers<\/p>\n<p class=\"captions\">Brian Morkel outside Stanger court. Photo: Marilyn Bernard<\/p>\n<p class=\"captions\">\n<p>\t\t  \t\t  \t\t\t\t\t  \t\t  \t\t    <!--PSTYLE=WT Web Text--><\/p>\n<p class=\"arcticle_text\">Durban &#8211; Allegations of cloak-and-dagger meetings, bribery and underhand actions emerged in the KwaDukuza Regional Court on Monday as an attorney, a successful businessman and a former public official found themselves in the dock, facing charges of corruption and defeating or obstructing the course of justice. <\/p>\n<p class=\"arcticle_text\">At the heart of the matter is Ballito man Robert McClelland, who is accused of paying a deputy sheriff to steal documents incriminating him in a multimillion-rand lawsuit. <\/p>\n<p class=\"arcticle_text\">McClelland allegedly had these stolen documents handed to a Richards Bay attorney and they then disappeared. <\/p>\n<p class=\"arcticle_text\">McClelland was involved in founding scrap metal and recycling company the New Reclamation Group. He resigned in February 2006 and subsequently opened Chicks Scrap Metal. <\/p>\n<p class=\"arcticle_text\">During his time at the New Reclamation Group he apparently signed a restraint of trade agreement, but in 2009 the group found that, in opening Chicks Scrap Metal, he had breached this agreement. <\/p>\n<p class=\"arcticle_text\">It proceeded with civil action to claim more than R50 million in damages, and in August 2010 secured an order to seize &#8211; without warning &#8211; documents and hard drives from McClelland.  <\/p>\n<p>                      <img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/plugins\/rss-poster\/cache\/3426c_2636361888.jpg\" class=\"pics\" alt=\"scrap metal companies\" title=\"\" \/><\/p>\n<p class=\"captions\">Robert Mc Clelland outside the Kwadakuza court. Photo: Marilyn Bernard<\/p>\n<p class=\"captions\"><span class=\"captions_credit\">Independent Newspapers<\/span><\/p>\n<p class=\"arcticle_text\">These were taken to the Stanger sheriff\u2019s office where they vanished. <\/p>\n<p class=\"arcticle_text\">The State alleges that McClelland arranged for deputy sheriff Oshwin Maharaj to steal the documents and hard drives. Under McClelland\u2019s instruction &#8211; and in return for R50 000 &#8211; Maharaj allegedly handed these to a man named Nelson Pereira who gave them to Richards Bay attorney Brian Morkel to conceal or dispose of. <\/p>\n<p class=\"arcticle_text\">McClelland and Maharaj have been charged with corruption and, if found guilty, could face sentences of up to 15 years in prison. <\/p>\n<p class=\"arcticle_text\">Morkel has been charged with defeating or obstructing the course of justice. Originally, he was also charged with corruption, but these charges were withdrawn on Monday. Pereira has turned State witness. <\/p>\n<p class=\"arcticle_text\">All three accused pleaded not guilty on Monday. <\/p>\n<p class=\"arcticle_text\">In his plea, read out by defence advocate Terry Price, McClelland said the criminal case against him was being run from the offices of his former company. <\/p>\n<p class=\"arcticle_text\">\u201cI left the New Reclamation Group to start my own business. It was very successful and this infuriated them,\u201d he said. \u201cThey have done everything in their power, by hook or by crook (to seek revenge).\u201d <\/p>\n<p class=\"arcticle_text\">He denied knowing Maharaj before charges were brought against the two of them. <\/p>\n<p class=\"arcticle_text\">The State\u2019s first witness, a director of and legal adviser to the New Reclamation Group, Graham Wolf, said that Pereira had approached the group and told it what had transpired. <\/p>\n<p class=\"arcticle_text\">This was when the group first came to know that documents and hard drives had been stolen. <\/p>\n<\/p>\n<p class=\"arcticle_text\">It was revealed that Pereira was a former employee of McClelland\u2019s, that the two had been embroiled in a dispute and that the Commission for Conciliation, Mediation and Arbitration had been involved. Price asked if Pereira had been promised any form of compensation for the information divulged, but Wolf said he had not. <\/p>\n<p class=\"arcticle_text\">Wolf conceded that the charges brought against McClelland had been initiated by the New Reclamation Group and that the group had enlisted a private investigation company, but later commented that this was common practice. <\/p>\n<p class=\"arcticle_text\">Price asked if McClelland\u2019s successful conviction would assist with the group\u2019s civil claim against his client, but Wolf said it would not. <\/p>\n<p class=\"arcticle_text\">\u201cIt would not quantify damages,\u201d he said.  <\/p>\n<p class=\"arcticle_text\">\u201cBut it would certainly be a blight on his credibility,\u201d said Price, and Wolf agreed. <\/p>\n<p class=\"arcticle_text\">The trial continues on Tuesday. <\/p>\n<p class=\"arcticle_text\">bernadette.wolhuter@inl.co.za <\/p>\n<p class=\"arcticle_text\"><strong>The Mercury<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Independent Newspapers Brian Morkel outside Stanger court. Photo: Marilyn Bernard Durban &#8211; Allegations of cloak-and-dagger meetings, bribery and underhand actions emerged in the KwaDukuza Regional Court on Monday as an attorney, a successful businessman and a former public official found themselves in the dock, facing charges of corruption and defeating or obstructing the course of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[8275,953,2143],"class_list":{"0":"post-21020","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-south-africa","7":"tag-durban","8":"tag-newspaper","9":"tag-the-mercury","10":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/21020","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=21020"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/21020\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=21020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=21020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=21020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}