Fight over which laws to apply in defamation suit continues

By DAVID MACGREGOR

Port Alfred Bureau


ADJOURNED until next year, the costly multi-million rand lawsuit brought by Alicedale game lodge owner Barry Burchell against estranged Texas business partner Scott Anglin, is just the beginning of several legal battles between the former hunting buddies.

Burchell is suing Anglin for R12 million.

Camped in the Grahamstown High Court for the past three weeks – behind an ever growing forest of paperwork – expensive legal counsel for both men are still no closer to resolving the feud between the two.

After hours of argument over which law must be applied in Burchell’s defamation and loss of business civil suit against Anglin, the matter is far from over for both men following the six-month adjournment by Judge Lilla Crause on Wednesday afternoon.

Besides Burchell’s multi-pronged suit, Anglin is counter suing the hunter for more than R1m after he mortgaged his Nevada house to buy a 25 percent share in a farm the South African claimed cost more than R4m.

The Alicedale farm, which Burchell did not even own when he sold the shares to Anglin, cost R900000.

Anglin argues he owns it 100 percent as he paid more than the purchase price.

Burchell also claims Anglin owes him for several animals he shot in Alicedale and subsequent taxidermy work.

The Texan is suing Burchell in Nevada following renovation work he did to warehouses in America for a joint taxidermy business the two planned to open.

He claims he spent about R1,8m ($250000) on renovations and as a 50 percent partner, Burchell owes half the money. The amount is roughly the same as what Anglin paid for his 25 percent in Donkerhoek Farm.

Burchell, however, denies the partnership. The Texan claims the animals were shot to display in the Nevada studio and he owes nothing.

From best of buddies three years ago to worst enemies, both men claim they fear for their safety as legal disputes and costs mount – both in South Africa and America.

Anglin, a wealthy Texas hotel renovator, has even hired a couple of former policemen as South African bodyguards and has been escorted to court every day by a bodyguard.


As the weeks panned out, several witnesses came out less than clean when they were accused by both sides of tailoring their testimonies to suit whoever they supported.

Even Burchell was not spared when he admitted he had ripped off his erstwhile friend by lying to him about what had been paid for the Alicedale farm.

Although Anglin has not taken the stand – and there are doubts he will testify – he has admitted to defamatory statements which Burchell claims led to a R10m loss in two years, but maintains they are protected by American law.

He says allegations against Burchell were made in the US to his hunting agents, Cabela’s, and are protected by the First Amendment to the constitution – which centres on free speech.

Burchell maintains as they originated in South Africa, local laws should apply.

From the brief overview it seems like two crooks and trying to crook one another !!

This could turn out to be a boomer bang up. Maybe pistols at 1000 paces could be the answer

Cheers, Peter