Court Finds Cape Town Lawyer Guilty

Cape Town lawyer Gary Trappler was convicted on Monday.

• A Cape Town attorney was found guilty of malicious damage to property by the Cape Town Magistrates’ Court on Monday.
• Magistrate Benge Qula stopped short of ruling on the state’s allegations that it was a racially motivated attack, saying that the issue must be dealt with by the Equality Court.
• Qula found that the evidence presented in Gary Trappler’s defence was irrelevant.
• Trappler was granted R1,000 bail. Sentencing proceedings begin on 8 August.

Attorney Gary Trappler has been convicted of malicious damage to property at the Cape Town Magistrates’ Court.

Magistrate Benge Qula on Monday found Trappler guilty of slashing the tyres of his neighbour, Thandi Mgwaba, on 19 February 2020.

But Qula did not rule on the state’s allegation that it was a racially motivated attack, saying the Equality Court has jurisdiction over such matters.

The case had faced numerous delays. Charges were withdrawn in 2021 due to insufficient evidence but were reinstated two years after CCTV footage emerged, showing Trappler approaching Mgwaba’s car on four occasions and bending down beside the car.

Qula found that the evidence presented by the defence during the trial was not relevant to the case.

The defence relied on the testimony of a tyre service workman who said that, based on photos he had seen, the damage was caused by an amount of force that Trappler could not have exerted. However, the man admitted he was not an expert.

“His evidence does not help this court,” said Qula. “His opinion is completely out of place here because it defies all rules that affect opinion evidence.”

Qula went on to explain that opinion evidence not based on facts is “irrelevant and unreliable”.

He added that the state, conversely, did not present any opinion evidence, but rather relied on video footage, which was subjected to the same requirements as documentary evidence.

Qula ruled that the testimony of Peter Flentov, former chairperson of the Green Point Neighbourhood Watch, in support of the state’s case was valid, despite the defence submitting evidence of animosity between two rival neighbourhood watch groups.

“Flentov had every reason to testify against Trappler. The court is not concerned about the animosity but concerned about the evidence that is presented and relates to how the offence was committed,” said Qula.

Qula said Trappler had exhibited unusual behaviour, including making repetitive visits to Mgwaba’s car and placing a note on the windscreen, only to remove it later. He had also claimed that he could not remember what he had written on the note.

“As it appears the accused knew where the complainant stayed, the most logical thing would be to go to the complainant and say, ‘Thandi, my sister, I see you have two flat tyres’ because that is the picture he wants to create about his relationship with the complainant,” said Qula.

Qula said that the evidence provided by Trappler’s son, Max, served no clear purpose and did not assist the court. “He told the court how photographs and videos can be manipulated, but what he did not tell the court was that the videos he saw of his father were manipulated. He did not say that.”

Qula also criticised the “embarrassing actions” of defence attorney Anel du Toit. At one stage during the trial, Du Toit told the court that she would like to present information about Trappler’s convictions, even though he had no prior convictions.

The magistrate wondered whether she had done this to trick the court, to somehow make it appear at a later stage, that the court was not fully informed of the circumstances relating to the accused, and to use this as grounds for an appeal.

“I reject this attempt,” said Qula, “The court is very much perturbed by this.”

Qula said Trappler, who had been released on a warning for the duration of the trial, must remain in custody until sentencing proceedings begin on 8 August. But Trappler applied for bail on Monday afternoon. The state did not oppose, and he was released on R1,000 bail.

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