The former bookkeeper of Grahamstown vet Dr Phillip Gilfillan has admitted she owed him more than a million rands – money a judge said had been stolen. This emerged on Thursday, when a high court application by Louise Bowker for access to funds frozen by the State, to cover her legal expenses, was dismissed.
The former bookkeeper of Grahamstown vet Dr Phillip Gilfillan has admitted she owed him more than a million rands – money a judge said had been stolen. This emerged on Thursday, when a high court application by Louise Bowker for access to funds frozen by the State, to cover her legal expenses, was dismissed.
Judge JE Smith said that allowing Bowker to use money which had "admittedly been stolen from Gilfillan and his close corporation" would prejudice Gilfillan's interests. He said there could be "no conceivable reason" why she should not apply for free State legal aid. According to court documents, it is alleged that Bowker misappropriated around R3.3 million. A forensic investigation had claimed Bowker owed Gilfillan R192 588 in his personal capacity and a further R3 143 796.88 in his capacity as owner of close corporation Cancri Tropicus 144 CC.
Bowker has disputed this. According to court documents, Bowker admitted in sequestration proceedings that she owed Gilfillan R1 264 332.51. She'd repaid him R653 000 and had borrowed R441 749.81 from family members, being held in trust by her attorneys, to repay what she said was the full balance. The court documents did not explain the difference of R169 582.70 between the amount Bowker said she owed Gilfillan and the amount she was agreeing to pay him. Bowker has not been formally charged.
To cover legal costs, including for this month's application, Bowker sought to have assets released from among those placed under a June restraint order. This order was in terms of section 26 of the Prevention of Organised Crime Act. Her application, lodged in July and heard last week, asked for R98 931.85 to be made available to her in respect of legal expenses relating to this application and her opposition in the main application.
Judge Smith, of the Eastern Cape division of the High Court in Grahamstown dismissed the application, saying Bowker and her legal team were asking for access to money that she had openly admitted had been stolen from Gilfillan and his company and that it would prejudice the latter's cause if the assets were released. "Such an order will in my view inevitably result in the dissipation of the restrained assets…" the Judge said. Judge Smith also said Bowker was entitled to free legal aid. "She has however not applied for legal assistance at state expense and appears to be set on employing counsel of her own choice," Judge Smith said.
