Convicted “blue- light stalker” Ismail Sheik has been given two weeks to come up with funds for his defence team or his appeal may be struck off the roll and he will be jailed.
Sheik, a former police reservist, was convicted by Durban Regional Court magistrate Anand Maharaj in March, 2007 of kidnapping, indecent assault and defeating the ends of justice, but has been a free man for the past three years after he was given bail by the high court. He was given an effective sentence of 21 years.
Maharaj, who labelled him a “sex predator”, granted him leave to appeal, but denied him bail pending appeal.
Sheik has been out on bail of R50 000, which was granted by the high court, for the past three years pending his appeal.
His convictions related to charges that he “arrested” young women and then offered to release them in return for sexual favours. On one occasion, he confronted a 17-year-old who was smoking dagga with her boyfriend outside a Durban nightclub. He drove around with the teenager, threatening to arrest her and throw her into cells.
She told the court she performed oral sex on Sheik while his gun lay on the dashboard.
Yesterday, Sheik’s attorney Devin Moodley told Judge Leona Theron and Judge Trevor Gorven that the appeal could not proceed because the advocate and Moodley himself had not been paid.
Moodley requested that a short adjournment be granted to enable Sheik to secure funds to pay his defence team. He added that if Sheik did not have money to pay him and an advocate, then he would not conduct the appeal.
Judge Gorven noted that the several adjournments had been a result of Sheik’s failure to pay his attorneys.
Judge Theron told Sheik if he was not able to pay Moodley by November 29, then he would be forced to withdraw as his attorney.
Judge Theron said Sheik would either have to argue his appeal himself or have the matter struck off the roll. The case was adjourned to December 3 for the appeal to be heard.
State advocate Val Lotan said the State was frustrated by the numerous adjournments in the case.
“The applicant (Sheik) was convicted in 2007, his appeal has been set down on three occasions to be heard. On each occasion it had to be adjourned at the request of the applicant.”
Lotan said the case was of a serious nature and had attracted widespread media attention.
“There were numerous complainants in this matter and this case was highly publicised by the media. The applicant has displayed a nonchalant attitude to these proceedings and has made no effort to have the matter finalised.”
If the appeal was struck from the roll, Sheik’s bail would automatically be revoked and he would have to hand himself over to the authorities to serve out his sentence.