William Booth argues against the legality of Stamenov's arrest in South Africa
Stanislav Stamenov, 41, appeared in the Wynberg Magistrate's Court on Monday.
Image: Supplied
Prominent Cape Town criminal defence attorney William Booth challenged the legality of his client, Bulgarian national, Stanislav Stamenov's arrest as he made his first appearance at the Wynberg Magistrate’s Court on Monday. Booth argued that proper extradition procedures were not followed.
Stamenov, 41, was arrested on Friday morning at his home by the SAPS National Intervention Unit.
Stamenov’s arrest made front-page news a month ago after it emerged that he had been working as a personal trainer at a gym in Constantia.
He is sought by Romanian authorities, who have stated that he was sentenced in 2009 to 16 years’ imprisonment in connection with heroin trafficking offences. He was placed on an Interpol red notice, a request circulated to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition. Interpol has clarified that a red notice is not an international arrest warrant and that any arrest must comply with domestic law.
Addressing the court, Booth argued that the arrest did not comply with the formal process contemplated under South African extradition law.
“The normal procedure requires a formal request through diplomatic channels, supported by the necessary documentation, to be considered by the Department of Justice,” Booth told the magistrate.
He submitted that no warrant issued in terms of the Extradition Act was presented at the time of arrest.
Outside the Wynberg Magistrate’s Court, where prominent defence attorney William Booth challenged the arrest of a Bulgarian national wanted in Romania.
Image: Murray Swart/ Cape Argus
“It was an arrest without a warrant,” Booth argued. “In those circumstances, the court must consider whether the detention is lawful.”
Booth further told the court that although an Interpol red notice was published on January 19, 2018, indicating that his client was already residing at a Cape Town address and that the formal diplomatic process was not pursued for several years.
He also referred to documentation from Romanian authorities which, he said, suggests that Stamenov may have been convicted in his absence.
“In this country, a person is generally required to be present at conviction and sentencing,” Booth submitted, adding that constitutional considerations should be taken into account, while acknowledging that foreign jurisdictions may follow different procedures.
The court heard that Stamenov has been living in South Africa for approximately 16 years. Booth told the court that his client holds South African non-citizen identification status, which he said was issued in 2022. He further submitted that Stamenov owns property, and has an established client base including a minor daughter.
Booth also told the court that his client had previously been questioned by police in connection with a separate murder investigation in Constantia, but no charges were brought against him in that matter.
Neatly dressed in casual attire, Stamenov stood quietly in the dock during proceedings. During a brief adjournment, he turned toward the public gallery and acknowledged family members before being escorted back to the holding cells.
National police spokesperson Brigadier Athlenda Mathe previously confirmed that Romanian authorities convicted Stamenov as part of what was described as a large organised criminal group involved in trafficking heroin.
The matter was rolled over to Wednesday for the court to rule on Booth’s submission that his client should be released pending the extradition process.
In a separate ruling, the magistrate indicated that members of the media may apply to take photographs and video footage in court under strict conditions.
Wednesday’s ruling will determine whether Stamenov remains in custody as extradition proceedings continue.