STATEMENT FROM BRETT HERRON, GOOD MEMBER OF THE WESTERN
CAPE PROVINCIAL PARLIAMENT
20 th August 2019
MY ATTORNEYS HAVE DEMANDED THAT BOWMANS HAND OVER THE TAPES OF THEIR WITNESS INTERVIEWS
Bowmans Report to Council alleged to have misrepresented the evidence of witnesses
On Friday 2 nd August 2019 the Cape Times reported that attorneys acting for suspended City of Cape Town Executive Director, Melissa Whitehead, had reported law firm Bowman Gilfillan to the City Manager and to the Legal Practice Council. (“Whitehead gives City Two Weeks to rescind report” ).
The Legal Practice Council is the professional body that manages the conduct of legal practitioners in South Africa.
Whitehead’s attorneys alleged irregularities and unethical conduct in Bowman Gilfillan’s performance of a so-called “independent investigation” and in the conduct of her disciplinary hearing Based on the allegations reported, I instructed my attorneys to investigate claims that Bowmans provided a report to the Cape Town Council in 2018 that reportedly contained “fabrications ”, “deliberate misrepresentations” and comprised “unethical conduct” by the law firm.
That same report to council had attempted to implicate me, in what I submit was a contrived way, in wrongdoing. As I have always maintained the report draws inferences and reaches conclusions not supported by the evidence provided about issues that were never put to me.
My attorneys requested a copy of the Whitehead complaint to the Legal Practice Council and the allegations contained in it, if true, are damning. Not only do they allege there is evidence of Bowmans fabricating or misrepresenting witness statements, but they also allege that the City’s CFO, Kevin Jacoby, was provided with the transcripts of other witnesses’ evidence prior to, and in preparation for, giving his own evidence in disciplinary hearings.
My attorneys have advised that we proceed to obtain the recordings of witnesses who were interviewed by Bowmans that they can verify the contents of the Bowmans Report as it relates to me.
They have written to Bowmans, and the City Manager, to demand that they hand over the witness tapes. They will advise me on my rights and on appropriate action, which may include a damages claim, once they have reviewed the tapes.