Erection pill skelm dodges a stiff fine

A Cape Town man, who was convicted of stealing libido pille and sentenced to a fine of R1 000 or 50 days in the mang, had his conviction overturned after it was found that the magistrate failed to explain his right to legal representation.

According to court papers, Josquin September was arrested on July 22 last year at Paarl Mall on a charge of theft for taking a pack of Erect Capsules worth R109.95 from a Dis-Chem pharmacy. He pleaded guilty and the magistrate sentenced him to a fine or 50 days in jail.

In the transcribed version, the magistrate told September: “OK, sir, the State indicated if you intend to plead guilty today, this matter can be disposed of and we will follow a short procedure, but then you will have to do it in person.

“If you intend to plead not guilty, however, which you are totally entitled to do, this matter will have to be postponed for trial, and everything will be explained to you further.’’

However, on the magistrate’s handwritten version, the following was stated: ‘’Accused rights with regard to legal representation explained — he understands — conducts own defence plus wants to plead guilty today.’’ The court noted the inconsistencies on the two versions.

September said he followed the magistrate’s advice and proceeded without any legal representation.

During the appeal, it was argued that failure to inform an accused of his or her right to legal representation amounts to a gross irregularity that impacts on the applicant’s right to a fair trial.

Judge Robert Henney set aside the conviction but said the Director of Public Prosecutions may institute fresh proceedings against September if they want to.

dailyvoice@inl.co.za