Habitual criminal ‘Oom Dries’, 77, insists he is innocent

A habitual criminal already guilty of a string of offences including the theft of railway tracks worth R2.7-million told the court a twisted tale yesterday of how he was not guilty of any crimes.

Initiating a trial-within-a-trial during the pre-sentencing hearing of Andries “Oom Dries” Marais, 77, magistrate Johannes Claassen had to reprimand him on several occasions while he went on about how he had been duped by prosecutors and magistrates.

“How can this court charge me if I was told that all charges against me were withdrawn,” an agitated Marais asked.

Claassen reminded Marais that he was in court for pre-sentencing hearings and not to address the merits of his previous convictions.

Marais, who has been representing himself, said: “I have never stolen money from anyone [and being appointed] a legal aid attorney was the same as stealing from the state.”

At first he refused to allow a fingerprint analyst to take his prints but then conceded after Claassen told him it would be in his best interests to cooperate.

After the prints of both his left and right thumbs were taken, Marais finally acknowledged that three previous cases he was linked to via fingerprint analysis were in fact his – but he still remained convinced he did not commit any of those offences.

Claassen said the state had proven that Marais was indeed guilty of a number of charges, including malicious damage to property and defeating the ends of justice, with some charges dating back to the 1970s.

His most recent conviction, handed down in February, saw Marais guilty of nine charges including fraud, forgery, theft and attempting to defeat the ends of justice.

The conviction stems from an elaborate scheme in which he stole railway tracks and sleepers in the Steynsburg area.

To do this, he forged a letter from Transnet stating he had permission to remove the goods and then hired companies to dismantle, lift and transport the material to the Western Cape.

Marais’s co-accused, former Transnet security guard Bhuyekiso Damane, 52, was convicted on seven counts, including forgery. While stationed in Queenstown, Damane forged the letter of permission to remove the tracks and sleepers.

The offences were committed between July and September 2008, with the scam coming to light when a truck transporting railway tracks and sleepers was stopped en route.

The driver showed police the letter giving Marais permission to transport the goods and he was allowed to continue on his way.

But some time later, lawyers for Transnet wrote to Marais asking him to stop.

Marais instructed his lawyers to respond, sending them a fictitious letter saying what he was doing was legal.

Yesterday, Marais told the court he had been arrested 18 times, and each time on false charges.

“I can’t tell the court what to do but I am not guilty of the charges against me,” Marais said.

When asked what he would do if released from prison, Marais said he planned to relocate to the Eastern Cape where he would live at his holiday home in Kini Bay, while still owning three other houses including one in Western Cape.

The matter was postponed to July 30 for correctional supervision and probation officers’ reports to be completed for Damane.