Cape Town - An appeal against the extradition of convicted Australian paedophile, Anthony Peter Freedendal, 79, jailed for child sex crimes committed in Cape Town, has been dismissed by a Western Cape High Court judge.
Freedendal has been fighting extradition since his arrest in 2014 to avoid being sent back to his home country, where he is wanted in connection with similar child sex allegations.
In a two-part application made before Western Cape High Court judge Derek Wille on February 10, but dated October 15, 2020, Freedendal asked the court to (a) stay his extradition and to release him from jail pending the results of the second part of his application, (b) which seeks to have an order by the Western Cape Director of Public Prosecution to have Freedendal extradited, reviewed and set aside.
Judge Wille said: “The applicant’s application as set out in part (a) of the notice of motion dated October 15, 2020, is dismissed. That the costs of and incidental to part (a) of the application shall stand over for determination with part (b) of the relief contended for on behalf of the applicant.”
Judge Wille gave Freedendal’s lawyers 30 days to arrange a hearing about the review and setting aside of the extradition order.
Court papers said Freedendal, who has three children, five grandchildren and has been married for 51 years, was arrested on April 30, 2014, on charges of sexual assault and has been detained ever since.
Giving background to the case in his ruling, Judge Wille said: “Freedendal was convicted of sexual assault in April 2015 and was sentenced to a period of five years’ imprisonment becoming eligible for release under correctional supervision during August 2016.
“Because of the nature of his sentence, his sentence would endure for a period of five years, but he would not ordinarily have been incarcerated in prison for the remaining portion of his sentence,” said Judge Wille.
According to court papers, the Justice and Correctional Services Minister told Freedendal in October last year that he would not be extradited until the review application was finalised. However, the ministry opposes Freedendal’s release from detention until the review is finalised.
According to the court papers, the ministry objects to Freedendal’s release because among other things, “Freedendal faces no less than 24 charges in connection with indecent assault in Australia; a warrant of arrest has been issued by the magistrate’s court in South Australia for him and also because Freedendal breached his bail conditions by failing to attend court in Australia on November 23, 2011.
“Fredendal chose not to return to Australia in November 2011; he elected to become a fugitive from justice and he thereafter sexually exploited children in South Africa.
“Freedendal has shown through his past conduct that there is a real likelihood that he will attempt to evade his extradition to Australia by fleeing from South Africa once released.”
Cape Argus