The hostility of an unhelpful King William’s Town magistrate who refused to assist an unrepresented accused facing a negligent driving charge has resulted in his conviction being set aside, notes a report in The Herald. In setting aside the conviction and R2 000 fine dished out to Wildridge Peter Galt in the King William’s Town Magistrate’s Court, the Eastern Cape High Court (Grahamstown) affirmed both the right of accused people to be legally represented as well as their right to refuse it and represent themselves.

In what the report describes as a stern judgment, the court emphasised there was an onus on a magistrate or judge to assist an accused representing himself. Galt had appealed against the conviction. The state conceded the appeal on the basis that he had not received a fair trial because of the way he had been treated in court by the magistrate, who was found to be hostile, intolerant, unhelpful and dismissive of Galt.

Judge Clive Plasket, with acting Judge Ntsikelelo Mtshabe agreeing, found that the magistrate – not named in the judgment – was ‘pointedly hostile’ to Galt because he had opted to represent himself.

When Galt faltered on issues of procedure, the magistrate had snapped at him that this was why he needed an attorney and now he was ‘stuck’ and unable to understand what to do. He repeatedly and deliberately refused to assist Galt on any issue, saying that was not his job.

Plasket said: ‘In this respect he committed an irregularity that prejudiced (Galt) in the conduct of his defence and rendered the trial unfair.’

Full report in The Herald (subscription needed)