Africa-Press – South-Africa. An Australian paedophile is still fighting tooth and nail not to be sent back to his home country to face child sex charges.
Anthony Peter Freedendal, 80, wants the decision of Justice Minister Ronald Lamola to send him back to Australia to face child sex charges to be reviewed and set aside, citing ill health.
On Monday afternoon, Lamola updated the public on priority mutual legal assistance and extradition requests involving South Africa.
Lamola said that in July 2020, he had issued an order in terms of Section 11(a) for Freedendal to be sent back to Australia. Freedendal, however, lodged a High Court application opposing Lamola’s decision.
In part A of the application, Freedendal sought an order for his release from prison, pending the hearing of the second part of the application due to his ill health, the minister said.
But he was dealt a blow when the Western Cape High Court dismissed his application in 2020.
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In part B of the application, which is yet to be heard, Freedendal wants to have the minister’s decision reviewed and set aside.
That application is being opposed, and a court date is yet to be determined.
Freedendal was arrested on child sex charges in Port Lincoln, Australia, in July 2011 and was released on bail.
According to court papers, the offences he was charged with were allegedly committed between June 1999 and January 2003.
The alleged victims were girls and boys, aged 7 to 11, News24 previously reported. Among them was a nine-year-old intellectually disabled girl.
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Freedendal was later given permission to visit South Africa on the condition that he return to Australia by 21 November 2011.
But he never returned. Instead, he ended up being arrested and charged with the sexual abuse of eight children in Cape Town, News24 previously reported.
He pleaded guilty and was sentenced to five years’ imprisonment in terms of Section 276(1)(i) of the Criminal Procedure Act.
In terms of that section of the act, only 10 months of the five-year sentence had to be served in prison, and the rest under correctional supervision.
Freedendal was supposed to be released on parole in August 2016, and start his period of correctional supervision.
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However, at the eleventh hour, the Australian authorities requested his extradition, which resulted in him not being released.
In October 2017, the Wynberg Magistrate’s Court in Cape Town found Freedendal liable to be extradited and ordered that he be held in custody until then-justice minister Michael Masutha made a final decision on the extradition, News24 reported at the time.
Freedendal lodged an appeal, but later withdrew after he made representations to the justice minister in 2018, requesting that he not be sent back to Australia.
In addition to the representation letter filed by Freedendal’s legal team, documents, which included details on his health status, were provided to South African authorities.
The Australian Central Authority informed South Africa that the Prison Health Services would be responsible for Freedendal’s healthcare and be able to manage his health conditions.
“This was confirmed by a doctor,” Lamola said on Monday.
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