Cape Town - The Western Cape High Court has granted convicted murderer Fazlin Abduraghman a further bail extension while she proceeds with her application to the Supreme Court of Appeal (SCA) for special leave against her conviction.
The State had opposed the application after Abduraghman’s inaction to pursue her previous two applications to the SCA for special leave to appeal.
According to the high court judgment, Abduraghman was convicted in 2013 for a murder she committed in 2008, and was sentenced to six years’ imprisonment in 2013.
On appeal against both conviction and sentence in 2016, the high court confirmed the conviction, and altered the sentence and imposed 10 years’ imprisonment.
Abduraghman was twice previously granted bail by the high court, pending the outcome of her SCA application due to her bail periods lapsing.
In January this year, the State learnt from the SCA that no application was received and issued, which led to the State requesting a notice-to-surrender-warrant for the immediate arrest of Abduraghman.
Judge Daniel Thulare’s judgment read: “The failure of the applicant to prosecute her appeal within a reasonable time interferes with the administration of justice, in particular it frustrates the execution of a sentence already imposed on her.
“On the other hand, where the conduct of an appellant or a prospective appellant suggests that the right to appeal is abused and amounts to a deliberate obstructionism through inexplicable inaction, the court may be compelled to intervene in its obligation to do justice. It follows that where the court finds that there was undue delay and the lack of explanation, the delay may be so unreasonable to be interpreted as a constructive disinterest in pursuing the appeal.
“This is more so because judicial management reveals that the filing of an appeal against the conviction and sentence, and the failure to pursue same once bail has been granted, has become one of the inadequacies in the law through which a number of criminals escape serving their sentences.”
Thulare granted the bail extension with an added condition that Abduraghman is ordered to report, in writing to the State, every three months giving the status and progress of her pending application, and if successful, the appeal.
Cape Times