DASH FOR LIBERTY

Evening Star, Issue 21078, 15 April 1932, Page 12

DASH FOR LIBERTY

DIAMOND DEALER'S OFFENCE AN ILLEGAL PURCHASE FINE OF £2OO IMPOSED. A fine of £2OO with the alternative of nine months’ imprisonment without hard labour was imposed by Air Justice Maritz at Johannesburg sessions on February 9 on Samuel De Lange, a diamond dealer, who pleaded guilty of buying 271 uncut diamonds from Detective J. D. Mahui.

Counsel for defendant, in pleading for leniency, said that De Lange was trapped into buying a parcel of 271 diamonds in the Jeppe Arcade. They were valued at £14,000, and according to Do Lange this was a conservative estimate. Dc Lunge was inveigled into buying the diamonds by two people, one of whom, Malan, was admittedly a police trap, and the other owned an office in. the arcade. They were the only people who witnessed the transaction, which took place in a room, De Lange paid £990 in cash to Malan and made out a cheque (which was stopped) for £I,OOO, payable next day. De Lange received the parcel of diamonds, and as he emerged from the room lie saw police officers closing on him. He realised that the transaction was a trap, and, being a sportsman, made a dash for liberty. He tossed the parcel of diamonds through the back window of a car in the street and made off, AVlion he was arrested the diamonds were not found in his possession. Defendant was taken to the office of the diamond department and informed that the parcel was a Government parcel of great value, and if he co-operated in their recovery everything would he done to have his assistance held in mitigation of the offence. De Lange decided not to endeavour to take advantage of the unsuccessful ruse in getting rid of the diamonds, but to return them and throw himself on the mercy of the court.

OFFER OF £14,000 FOR £3,000, Counsel: Had it not been for accused’s co-operation the diamonds would never have been found. The police owe it to him that the valuable parcel of diamonds has been recovered. The parcel broke, continued counsel, when De Lange tossed it into the car, and some of the diamonds were missing. The police subsequently recovered three—two found by themselves and one by a lady—but 50 carats, worth £250. were still missing. The police were satisfied, however, that De Lange had done all in his power to return the diamonds. It had been a profitable transaction for the Government, which had made £750.

De Lange, said counsel, was fifty-four years of age and had a wife and child. He came to South Africa from Holland forty years ago. He had served with the forces of the South African Republic throughout the Boer War, and when war I .oke out in 1914 he went to German-East Africa, where he was seriously wounded, and was to-day receiving a pension from the Government on account of that disablement, De Lange had a clean record and had never previously had trouble with the police. Counsel asked the judge to consider the extremely great temptation placed before De Lange. He was offered £14,000 for £3,000, and one could sympathise with him if ho fell to the temptation. Then there was the fact that the police had refused to give back Do Lange’s £990. De Lange had also lost his diamond dealer’s license, and the police were not prepared to recommend a renewal. The maximum fine for the offence was £I,OOO, and Do Lange had already virtually paid this. REMARKS BY THE JUDGE. Counsel for the prosecution said he agreed that there were features in tho case that lifted it'out of the ordinary rut. De Lange had been frank and had assisted tho police. He would not wish for a line beyond Do Lange’s powers to pay to he imposed. Mr Justice Maritz said that the chief point in Do Lange’s favour was that he helped tho police to recover the diamonds, which would otherwise have been lost to the State. “In view of your record,” continued (lie judge, “it hurts anyone to see you in the position you are, in to-day. It hurts me particularly to have the hard task of sentencing you.” The diamond trade, the judge remarked, was one of tho biggest enterprises in the country, and unless it was strictly controlled chaos would result. Tho fine imposed could not be inadequate to t lio enormity of tiro offence.