By Mike Loewe
Shamwari and Bushman Sands co-owner Adrian Gardiner has been dragged into the R12-million defamation and loss of income lawsuit against Texan amateur hunter and Alicedale guesthouse owner Scott Anglin by Frontier Safaris owner and professional hunter Barry Burchell.
The case took a turn in the Grahamstown High Court on Friday when Burchell claimed his losses were linked to an earlier civil case involving Gardiner.
It also emerged that Burchell had dreams of elbowing his way into the Bushman Sands Golf and Country Estate development by developing two pieces of ground, one inside the estate and one on its boundary.
Burchell used the dock to repeat a claim that Gardiner, with whom he claimed Anglin had openly sided during the litigation in 2005, "obviously did not know" Anglin was a convicted criminal in Texas.
After the hearing on Friday, Anglin said Burchell was referring to a minor drunk-driving offence, which happened more than six years ago.
Burchell's legal team, led by Port Elizabeth advocate Glen Goosen, claimed Anglin was siding heavily with Gardner in a battle around two pieces of land two plots on the 18th hole of the luxury Bushman Sands course, and a piece of ground known as Donkerhoek, which forms an hour-glass shape on the northern boundary of the development.
Anglin still owns a 25% share in Donkerhoek. Burchell told the court he intended developing and selling it.
Anglin and Burchell bought the two plots for R225 000 in November 2003, but Burchell later bought out Anglin's share.
Testifying before Judge Lilla Krause, Burchell said the relationship between the men soured in November 2003 when his Rapid Dawn company became involved in litigation against "Alicedale Hospitality, more commonly known as Mr Adrian Gardiner" who was trying to get the properties "transferred into his name".
At that point, Anglin "became friends" with Gardiner and, by the end of that month, Burchell and Anglin went their separate ways.
Burchell told the court Anglin also wanted him to "give him a piece of land" in their company, Repo Wild, which owns Donkerhoek farm.
He said Anglin claimed that since he had paid more "than the full price" for the land, Burchell should give him the "old crop land".
In earlier evidence on Friday, Burchell claimed Anglin hunted and wanted taxidermy work done without paying in 2003, and denied that this fell under an agreement between the two men involving up to 50 hunts for Anglin.
He said the first he heard of them forming a joint company, Out of Africa Wildlife Studios, was when he read about it in the court papers.
He also received only promises of payments for a personal debt of R350 154 incurred by Anglin.
Burchell said that in August 2004, the two men met to work out Anglin's commission, but this was only US$6 431 (R45 628) for the party's taxidermy work.
He conceded they had an agreement, that he incorrectly worked out Anglin's commission on the basis of 30%, and not the agreed upon 33%. He also admitted that he had erroneously "excluded" 33% commission due to Anglin for tanning work on shot animals. Anglin's final commission was US$7 950 (R56 405), but US$5 000 (R35 475) was deducted because one person came only as an observer and another "took a different (hunting) package".
However, Anglin had said he transferred US$18 000 (R127 190) into Burchell's account, "and we believed him". Since then, however, he had "not been able to trace the transfers".
Publisher: I-Net Bridge
Source: I-Net Bridge

