Garth le Roux vindicated

[daveza]

http://www.ewn.co.za/articleprog.aspx?id=49176

Former Proteas cricketer Garth le Roux has been cleared of all charges of tax fraud in a Cape High Court judgment on Thursday.

Le Roux and his accountant Deon van Heerden successfully appealed a six year jail sentence handed down by the Wynberg Magistrate’s Court in 2008.

They were out on bail for the duration of the appeal.

The state is set to pay the pair’s legal costs which amount to R6 million, according to lawyer Henry Vorster.

http://www.sport24.co.za/Cricket/Garth-le-Roux-vindicated-20100923

Cape Town - The Cape High Court has overturned the convictions of former South African fast bowler Garth le Roux and his accountant Deon van Heerden on tax fraud charges.

The ruling, handed down on Thursday, was welcomed as an "outright vindication" by Le Roux's attorney Henry Vorster.

It is understood that the case has cost Le Roux alone just under R6m in legal fees over the past seven years.

The two men were found guilty last year by a regional magistrate, and sentenced to an effective four years' jail each, while one of Le Roux's companies, MCC, was fined R10 000.

The charges related to alleged failures to disclose some R2m due in commissions on property sales that MCC negotiated at the prestigious Fancourt golf estate in George.

So the taxman wanted to score 2 million and ends up with a bill of 6 million, which doesn't include their own costs.

 

[daveza]

The tax payer is set to pay the pair’s legal costs

Fixed.

 

[Sting]

Any bets the State will appeal the ruling?

 

[daveza]

Can they appeal the outcome of an appeal ?

 

[garyb01]

Can they appeal the outcome of an appeal ?

"The judges rejected a cross-appeal by the State, and ordered it to pay Le Roux and Van Heerden's costs for that." Don't think that the state can or will try to appeal again...

 

[Sting]

Can they appeal the outcome of an appeal ?

You may be right... but this is not my field!

http://www.acts.co.za/Tax/83__appea...ed_court_against_commissioner_s_decision_.htm

18) Any decision of the court under this section shall, subject to the provisions of sections 86A, be final.

 

[Celine]

You may be right... but this is not my field!

http://www.acts.co.za/Tax/83__appea...ed_court_against_commissioner_s_decision_.htm

what you are quoting makes reference to objections and appeals against a taxpayers assessment/s. it has nothing to do with the above matter.
i would think that the case in question re Le Roux appeal against his judgement is an entirely different matter. his attorney was appealing against a conviction not an assessment.

and good on this attorney show these SARS morons that sometimes it's best to leave something that isn't worth the paper trail. there are people out there who are really evading the tax system go for them.

 

[blunomore]

The charges related to alleged failures to disclose some R2m due in commissions on property sales that MCC negotiated at the prestigious Fancourt golf estate in George.

I am sure there were a lot of technical (tax related) arguments in court, but I wonder what the gist of it was .... did he in fact disclose the R2M commission ... or was there no need for him to do so ... would be interesting to read.

 

[undesign]

and good on this attorney show these SARS morons that sometimes it's best to leave something that isn't worth the paper trail. there are people out there who are really evading the tax system go for them.

You've had quite the change of heart.