Conviction and sentence set aside

THE Grahamstown High Court has set aside the conviction and sentence of a Port Elizabeth woman accused of switching the price tag on an item of clothing at Edgars with a red sale tag.

It was alleged Fatima van Breda entered the fitting room at Edgars clothing store in January 2012 and switched the price tag on an Eco T-shirt with the cheaper sale price before purchasing it.

According to store employees, she had previously been accused of switching tags and they had therefore kept an eye on her when she entered the shop.

Van Breda was convicted in the Port Elizabeth Magistrate's Court on a charge of fraud and sentenced to a R1000 fine or 60 days in prison, wholly suspended for five years.

However, on Wednesday, Acting Judge Sunil Rugunanan and Judge Jannie Eksteen ruled the state had failed to prove Van Breda's guilt beyond a reasonable doubt.

The Grahamstown bench found the testimony of most of the witnesses – mostly store employees – was peripheral and of no assistance. Van Breda had claimed all along the red sticker was attached to the shirt before she entered the fitting room. - Kathryn Kimberley