I was accused of fraudulently attempting...

Asked by Cristiano on 02-09-2021 06:10:49
Question posted in the Malpractice Law category relating to Gauteng

I was accused of fraudulently attempting to acquire credit in my own name, by Capitec Bank in February 2019. They had absolutely no forensic or credible evidence other than that of the witness statements, that my documentation looked "suspect"... I have not even been processed or vetted for any sort of credit facility, when the service consultant who was helping me, pressed his panic button. Needless to say mall security and the SAPS arrived on the scene and I was taken to a back room of the Clearwater Mall Capitec Branch.

Once in this confined space, their "forensic analyst" started interrogating me and told me that I was trying to steal from the bank. She was verbally abusive and did not follow standard protocol for the eventuality that a bank catches a fraudster red-handed. It turned out that the 8th page of my statement as printed by the Absa HOGAN system was unnumbered and therefore made the consultant panic and rather err on the side of caution.

During my interrogation in the back office and this insane, aggressive, maniacal even, freshman forensic graduate it became clear to the SAPS that there was something not right here. They calmed the girl down and asked her if she really wants to press charges of fraud against me, seeing as the credit application process was only pushed through and initiated during the time which I was being taken apart verbally in the back of the bank. The SAPS saw  the truth, and although I was merely trying to open a R4000 revolving credit facility, to increase my credit score and profile, the events that unfolded was simply unbelievable! The forensic maniac ran across to all other banks with my ID number and asked them if they had me on their radar also? (Now I believe this is a flagrant disregard for privacy laws, especially PoPI, who although not enacted, was promulgated at the time. Absa chirped up that I was under investigation for fraud due to some arbitrary misrepresentation from THEIR side, that to this day, I've never heard anything about again anyway.

Needless to say, the maniacal analyst, 2 separate branch managers, several service consultants and an array of individuals all went to make statements at the Muldersdrift SAPS, ensuring that I was locked up for my heinous crime of not receiving bank statements from my bank without the numbering of the last page...

 I was arrested on Valentines day (14th of Feb, 2019 and incarcerated till the 1st of August 2019) by when I simply could not stand the lies the prosecution was putting in front of the court and on record, as well as the attorney that was sent to attend my bail hearing, blatantly refused client instruction and abandoned the bail application because he was way in over his head and has probably never sat in a real court before. I was advised to plead guilty by the CA that was representing me in the matter, as I wanted to get out of prison obviously, but trials could take up to 3-4 years to conclude. It was such a quagmire that at my formal bail application the magistrate merely said "no..." and the CA abandoned that also. It was a sideshow of bad magistrates, corrupt prosecutors, incapable CA's and not to mention that they were sent in on this Schedule 4 criminal defense of an innocent man, without a senior attorney or counsel accompanying them as I believe the Code states, is lawfully required.

When facing serious charges years later and meeting with a well versed criminal attorney, he strongly suggested that I started making work of getting court transcribed minutes of the audio recordings to prove the severe injustice I was at the receiving end of and the gross malpractice by the firm that sent these CA's into the field to use me as a labrat for their experience only, by not even sending a senior to guide and oversee their methods and practice. The CA quoted legislation that was completely out of jurisdiction and the magistrate had to stop her and explain to her why the legislation was for the Higher courts and not magistrates courts.

 I know it will all be transcribed and the Director of the firm, that openly refused to provide me with docket content, case-file or case number for that matter, spread her agreement with Absa Insurance (my legal policy underwriter) stating that in her contract it does not state that she cannot send CA's to defend criminal cases alone. (Although an attorney informed me subsequently that it didn't need to be stipulated as it was assumed by law to be a prerequisite) The fact that this director circulated private contractual documents between her and Absa, in open forum for all and sundry to now have access to, is a gross infringement on POPIA and the right of confidentiality and privacy to be upheld, even between attorneys and insurers.

My final statement is that once I have all the documents together, my 5-year suspended sentence will hopefully be reviewed, as my criminal attorney is applying for the case to be heard on review and have the judgement overturned, which he almost guaranteed me of, because there is no evidence in the police docket even that indicates or points out any wrongdoing.

My essential question is thus; can I lay civil charges against the firm and Absa Insurance who sent their little sheepish animals into the wolve's den and let me be the prey? That is gross malpractice in my humble opinion and I would really want to get my day in court also where I can stand up for myself and what is lawfully correct! In prison, I nearly died 3 times as I require daily medication but the nurses couldn't be bothered to ensure I receiced my meds. I was taken to Leratong Hospital for almost 3 weeks on the last incident and I was tied to a bed in a cage, treated like an animal whilst I felt like I was dying. This cannot be acceptable treatment to endure because some insecure freshman forensic analyst made incorrect judgement calls and caused a long time of pain, suffering and unfortunate circumstances for me, merely because she wanted to prove a point.

Just from a lawful standpoint, how can I get these attorneys to take responsibility for their gross negligence and malpractice and also then the plaintiff, Capitec Bank, who still has me listed on the SAFPS database without a grain of forensic evidence? I need some seriously gifted criminal and malpractice attorneys involved here, because I won't rest until I have leveled the playing field. 

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