It was argued in the Grahamstown High Court yesterday that Randell's fraud and theft trial was unfair.
Famous for heading a class action against the education department, which culminated in an order that the department fill more than 6,000 vacant teacher posts, Randell, 64, was struck from the roll of attorneys in 2015 after being exposed for his part in defrauding a Port Elizabeth school, Greenwood Primary, of some R2.4-million.
He wept in court when he was convicted last year for his role in the Greenwood saga.
He was subsequently sentenced by magistrate Khamdilizine Nqadala to six years' imprisonment, of which two were suspended.
However, his legal representative argued yesterday that the earlier harsh high court judgment in terms of which Randell was struck from the roll of attorneys had tainted his subsequent criminal trial.
That particular judgment had followed legal proceedings brought by the Law Society of the Cape of Good Hope.
His counsel, Laurence Hodes SC, argued that the magistrate in the criminal trial had been influenced by Judge Sytze Alkema's judgment - in the law society case in 2015 - in which he had found on a balance of probabilities that Randell was inherently dishonest and fraudulent.
Alkema found Randell's "sustained dishonest, deceitful and disgraceful conduct" was premeditated, carefully planned and executed over eight years.
Hodes said this had tainted the magistrate's questioning of Randell during the subsequent criminal trial and had permeated his own judgment in terms of which he found Randell criminally guilty.
Not once during his trial had Randell been asked directly to comment on Alkema's findings against him and yet these findings had influenced the magistrate.
"An accused is entitled to know the case he has to meet," Hodes said.
"That did not happen in this trial."
He said the findings on a balance of probabilities in the matter brought by the law society had been used to prop up the same findings on the tougher beyond-reasonable-doubt measure of a criminal trial.
The fraud perpetrated had involved the school's former principal, Patrick Shelver, former school governing body chairman Michel Lascot and Randell, who colluded to defraud the school of R2.4-million.
Randell drew up a trust for the school so that it could buy and own land and buildings adjacent to the school.
The school was the sole beneficiary and Shelver, Lascot and Randell were registered as the trustees.
The woman who sold the land did so at a discounted price on condition that the school would benefit. Without the knowledge of the school, the trust deed was later amended to include Randell, Lascot and Shelver as beneficiaries.
They later sold the valuable property to developers, scoring a massive R3.5-million out of the deal.
The school benefited to the tune of just more than R1-million. Shelver pleaded guilty and was sentenced to 10 years in prison, suspended for five years, while Lascot died before the matter went to trial.
Senior state advocate Wilhelm de Villiers argued yesterday that even if the magistrate had read Alkema's judgment, he had clearly made his own judgment based solely on Randell's poor showing as a witness and the evidence which had proved beyond reasonable doubt that he had deceived the school and acted fraudulently.
Randell has fought hard to stay out of jail, with clinical psychologist Sarel Steyn brought to testify on his behalf prior to sentencing last year.
Steyn said if kept out of prison, Randell would still be able to do much good in the community.
He said he had interviewed Federation of Governing Bodies for South African Schools chief executive Paul Colditz, who said he had been privileged to have seen and experienced the relief Randell brought to the lives of thousands of children and school staff.
A letter written by Randell was also read out in court and his daughter, Julie Robertson, told the court that on one occasion her father had literally taken the shirt off his back and given it to someone less fortunate.
Judges Mandela Makaula and Thami Beshe reserved judgment.
Source: Herald
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