Local businessman Mr Ronnie Sutherland (58) walked away from court a free man on Monday after Regional Magistrate Mr Ronnie Rambau delivered a “not-guilty” verdict in the State’s case of alleged fraud against him in Makhado (Louis Trichardt).

Mr Sutherland could indeed breathe a sigh of relief as the not-guilty verdict brought to an end a court battle between him and the State that raged for almost three years. From the start he pleaded his innocence in the case.

Mr Sutherland was arrested in November 2003 on a charge of alleged fraud relating to the use of Air Force machinery without their consent. It was alleged that Mr Sutherland had used AFB Makhado’s Komatsu-bulldozer for private gain in the completion of a project for the Tshikombani-branch of the ZZC church. This apparently occurred while Mr Sutherland was entrusted to repair the bulldozer as he was contracted to do. It was further alleged that Mr Sutherland profited from the deal to the amount of almost R500 000.

Shortly prior to Mr Sutherland’s arrest, a member of AFB Makhado, Mr Dawid Ras, was also arrested in connection with the case. Later, the State decided to try Mr Sutherland and Mr Ras jointly in the case. The case against Mr Ras was, however, withdrawn by the court in February 2005. This was after members of the Asset Forfeiture Unit seized both the accused men’s assets in December 2004. Mr Ras’s assets were returned after charges against him were dropped.

In handing down judgement, Magistrate Rambau said that the State could not prove beyond reasonable doubt that Mr Sutherland was guilty. Mr Sutherland faced two charges. The first charge stated that Mr Sutherland had allegedly misled AFB Makhado that the Komatsu was to be repaired. As an alternative to this charge, Mr Sutherland was accused of allegedly using the bulldozer without the consent of the Air Force. The second charge related to Mr Sutherland’s allegedly wrongfully misleading the Air Force base with regard to monies received for repair work that was allegedly not done to the bulldozer.

Magistrate Rambau gave a detailed background of the case, taking into account the testimonies of both the witnesses for the defence and the State. He referred to the testimony of father and son Eben and Leon Rossouw, former employees of Mr Sutherland, several times. It was Mr Eben Rossouw who sparked the investigation against Mr Sutherland after reporting alleged wrongdoings by Mr Sutherland to the Air Force police. Magistrate Rambau said that, from the testimony, it was obvious that the Rossouws and Mr Sutherland were not on good terms and that he did not find it impossible to think that the charges against Mr Sutherland might have been fabricated.

As for his not guilty judgement, Magistrate Rambau said he could find no crime to convict Mr Sutherland of. He said that, as Mr Ras was the Air Force agent directly responsible for the transaction between AFB Makhado and Mr Sutherland, the State could not argue that the Air Force had not been aware of what was going on. Magistrate Rambau also said that it could not be proven beyond reasonable doubt that Mr Sutherland had known about or used the bulldozer for personal gain. In respect of the allegation that Mr Sutherland had claimed money for repairs that did not take place, Magistrate Rambau said that no one had contested the fact that the machine had been repaired. The machine was even inspected and the work approved by an Air Force official upon the bulldozer’s return to the base.

Although very happy with the judgement, Mr Sutherland afterwards had a couple of things to say about the way in which the case had been handled.

“I’m very, very unhappy about what they did to me. My name was dragged through the mud and I lost a lot of money and a lot of business,” Mr Sutherland said. In the meantime, the State indicated that they would not appeal against the court’s decision.

Acting on behalf of the State was prosecutor Hilke Janse van Rensburg, while Adv Jackson Mushahsa represented Mr Sutherland.