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In addition a further sentence of 18 months imprisonment was imposed, but suspended on certain conditions.An appeal against his conviction to the Cape High Court was dismissed.He operates a motor retail business in the town and also runs a small shop and café from the same premises.Apart from this business he owns three farms, some 20 kilometres from Port Nolloth, and another farm across the border in Namibia that is leased to a company in the Anglo American group for a rental said at the trial to be in excess of R1 million per year.He owns and leases residential and business properties in Port Nolloth and elsewhere.He has over the years been involved in the diamond industry, in prospecting for, mining, cutting and polishing diamonds, although at the time of these events he had ceased these activities, apart from having a stake in two diamond mining operations for which a licence was held in his son’s name and a share in a diamond cutting business.With the leave of that court he comes on further appeal to this Court.
In the course of effecting introductions Terblanche told Kotzè that he was a retired policeman, to which he says Kotzè responded by saying; ‘Ek is ŉ smokkelaar.’ Kotzè said he had no recollection of making such a comment but accepts that he might have done so in jest.
The underlying fear is that people who would not otherwise be guilty of criminal behaviour may be induced by the conduct of the trap or undercover agent to commit crimes and their reluctance to commit crime may be overborne by the conduct and inducements offered by the trap or undercover agent.
Our courts have in a number of cases expressed concern about the conduct of traps and it was the subject of an investigation and report by the South African Law Commission.
In all he bought 21 diamonds for a total amount of R63 000.
Unbeknown to him (although, as will become apparent, he was alert to the possibility) Terblanche was a senior and experienced police officer attached to the Diamond and Gold Squad, who was operating as an undercover agent in a covert police operation known as Project Solitaire aimed at syndicates dealing unlawfully in diamonds in the Namaqualand region.