The fraud, uttering and forgery case against the mother of two Olympic athletes has been provisionally withdrawn after new evidence was presented to the prosecution that needs to be analysed.
Adelene Toxopeus, the mother of Olympic marathon runner Irvette van Zyl and mother-in-law to Olympic hurdler LJ van Zyl, was accused of forging several documents to secure millions from the estate of her late husband, Pieter.
According to the charge sheet for her case at the Specialised Commercial Crimes Court (SCCU) in Joburg, Pieter Toxopeus, a wealthy businessman, died in a car accident in 2009.
In his original will and testament, dating back to 1998, Pieter divided his estate among his three adult children. He married Adelene in March 2000 and on Valentine's Day 2001 he prepared a codicil - an amendment or addition to the will - granting his new wife the rights to his Muldersdrift home upon his death.
A second codicil granted Adelene his shares at Little Falls Garden Centre, as well as his other companies and trusts.
However, the State alleged that three years after Pieter’s death, Adelene forged a new codicil to the will, supposedly drafted in 2003, insisting that his Momentum Life policy be left to her.
Five months after the new codicil was handed over to the estate’s executor, Derek Irish, Adelene was accused of forging yet another codicil, this time granting her millions of rand from Pieter’s estate. The new version of the will granted Adelene R100000 a month, with a yearly increase of 10percent, all of her bills paid, financial coverage of her holidays, and a new car every two years, among other stipulations.
The new codicil granted R500 000 to Pieter’s son, Hendrik, but only if - for two years after his father’s death - he visited Adelene and spent sufficient time with her. If he did not comply, the money would be divided among Adelene’s children, including Irvette van Zyl.
The new codicil came with two letters, supposedly written by Pieter, implying a rift between himself and the children from his first marriage. The State alleged these documents were also forged.
This week, Adelene’s trial was meant to start at the SCCU, but prosecutor Sandra Maat told the court on Wednesday that the defence had presented documents which would have to be analysed by police investigators before the case could go ahead. Because of this, the case was provisionally withdrawn from the court roll.
Adelene told the Saturday Star, through her attorney Ashley Gittins, that she was relieved at the decision to withdraw the charges levelled against her.
“These charges have been looming for a significant period of time. The ordeal has caused her a great deal of emotional and financial stress,” Gittins said.
“Our office is not surprised at all as to the State's decision. Reason being, a number of discrepancies and anomalies were uncovered during consultations with our counsel (advocate Steven Mushet), his trial preparations and our own investigations into the matter.”
He said Adelene had maintained her innocence at all times and she believes there may be foul play.
Gittins said he would not disclose what new evidence had been given to the State. “It is for the State to investigate and properly consider what has been presented to it, which will likely lead to a full vindication of our client,” he said.
Gittins said he did not believe the State would reinstate the charges.