Africa-Press – South-Africa. The man who failed to attend his sentencing several times following his conviction for fraudulently obtaining personal and business data from data services firm Experian has been denied bail.
On Thursday, Karabo Israel Phungula – who was dressed in a black shirt, jacket and blue jeans – pleaded with the Specialised Commercial Crimes Court, sitting in the Palm Ridge Magistrate’s Court, to release him on bail.
The 37-year-old, who spoke softly despite the court asking him to raise his voice, said he failed to appear for sentencing due to an asthma attack, resulting in constant shortness of breath.
Phungula failed to appear in court for his sentencing on 14 February, 1 March, and 5 March. The court then ordered his immediate arrest and that his R3 000 bail be forfeited to the State.
He said should he be released on bail pending his sentencing, he would not abscond, and should there be another asthma attack then he would ask to be accompanied to court.
Phungula also told the court he was rearrested on Monday after handing himself over.
This after the investigating officer contacted his mother on Sunday.
He said although he was doing “fine”, he still experienced shortness of breath.
Prosecutor advocate Phuti Matabane asked the court to dismiss the application, saying Phungula’s illness appeared to be chronic but “manageable”.
He said it was not only the State that got frustrated by his absence in court, but Experian and the media too, adding Phungula should not “exploit” his medical condition.
Magistrate Brian Nemavhidi was unconvinced by Phungula’s reasons and refused him bail.
He said: “The only issue that causes the accused to be absent [from court] is the fear of sentencing. Granting him bail will amount to telling him to get sick again and ensure that this matter is delayed until such time that he will have to be rearrested.”
Nemavhidi postponed the case to next Friday for sentencing.
Phungula, the founder of Hi-Pixel Communications, was convicted in October last year.
In May 2020, Experian handed over the data of more than 23 million people and nearly 800 000 businesses to Phungula, who impersonated a businessman who was authorised to have the information.
Experian detected the breach on 22 July, more than 50 days after the data had already been transferred.
The State submitted Phungula had planned to sell the data for more than R4 million.
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