Sunday, 5 May, 2024
HomeMedico-LegalDurban doctor (85) convicted over fake death certificates

Durban doctor (85) convicted over fake death certificates

Retired Durban doctor Eric van der Veen (85) has been convicted of two counts of fraud for signing death certificates – used in multimillion-rand insurance claims – without physically examining or seeing the bodies, and sentenced to eight years’ imprisonment, wholly suspended for five years.

While Van der Veen only got R1 000 for his services, the certificates were subsequently used in what is alleged to be fake insurance claims, one for R6m and the other for R30m.

The former doctor retired earlier this year after working as a GP first in Port Elizabeth and then, from 1985, in Durban, and was arrested along with Emmanuel Ponnan, his girlfriend Merlen Munusamy and director of Isikhova Funeral Services Sifiso Gebala.

Last Friday, when the matter was called before Durban Regional Court magistrate Sharon Marks, Munusamy, who was out on warning, was absent from the dock, her lawyer saying she was in New Zealand because her husband was ill.

TimesLIVE reports that Marks issued a warrant for her arrest and adjourned the matter until this week.

Prosecutor Roshiela Benimadho then applied for Van der Veen to be tried separately, saying the state had entered into a plea bargain arrangement with him and his legal representative, Advocate Paddy Prior.

The agreement had been sanctioned by the investigating officers and two complainants, Discovery and Momentum, Benimadho said.

Van der Veen had admitted to signing death certificates for Emanuel Ponnan and Ha San Kazi, indicating they had died of natural causes, and that he had misrepresented to the Department of Home Affairs that he had examined the bodies. He was paid R500 for each of the certificates by the funeral home.

He had signed the death certificates during the height of the pandemic and during the lockdown, when it was commonly accepted that people with comorbidities and the elderly were at a significantly higher risk of serious illness or death. Because of this, he had not examined the bodies, he said, but denied any knowledge of any insurance claims.

He accepted that “he should have been aware of the possibility these death certificates could have been used in fraudulent activity”.

Van der Veen was a well-regarded and respected citizen and he “deeply regrets the error” which has caused him and his family severe embarrassment and shame.

While the plea and sentence agreement recorded a sentence of three years’ imprisonment, wholly suspended for three years on each count, the magistrate questioned the point “of having two suspended sentences”.

The parties all agreed an appropriate sentence was eight years, wholly suspended for five years.

She noted Van der Veen had received a “paltry R500” for each certificate and “had not done this for the money” and shown contrition.

He is expected to testify at the trial of his former co-accused.

 

TimesLIVE article – Retired Durban doctor, 85, pleads guilty to fraud (Open access)

 

See more from MedicalBrief archives:

 

I’m too old to stand trial, says fraud accused doctor (85)

 

Doctor (84) charged with fraud over false death certification

 

SA nurse in UK fakes husband’s death, struck off the roll

 

 

 

 

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