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Pietermaritzburg - A rift between two groups of businessmen has run all the way to the High Court in Pietermaritzburg, where a rarely seen Anton Piller order was granted on Wednesday to one of the warring parties.
The legal face-off between rival directors of a KwaZulu-Natal Midlands ambulance and security company played out in dramatic fashion on Thursday when troops of police, attorneys and sheriffs of the court served the order.
An Anton Piller is a court order requiring the defendant in proceedings to permit the plaintiff or his or her legal representatives to enter their premises to obtain evidence essential to the plaintiff's case.
This is done without notice to prevent evidence being tampered with, removed or destroyed.
Bret Deavin, a director of Berg Protection services, which runs security and emergency medical functions between Howick and Underberg, applied to the court on the company's behalf, accusing co-director Mark Winterboer of, among other things, illegal competition and fraud.
Winterboer and several others close to him were served with the order yesterday when computers, cell phones an documents were seized.
“First Applicant [Berg Protection Services] has a real and well-founded apprehension this evidence may be hidden or destroyed by the Respondents if notice of this application is given because of the conduct of the First and Fourth Respondents.”
“If the First to Fifth Respondents get wind of this application, there exists a grave danger and real possibility all the documents and electronic equipment as set out in the Notice of Motion and the items listed therein will be removed and or destroyed and or deleted,” his founding affidavit reads.
“The said Respondents are fully aware by destroying the said documents, computers, laptop computers and information it will make it very difficult for the First Applicant to prove its damages claim against the said Respondents or to protect the First Applicant from unlawful competition.”
