--- title: "Vrede Dairy Project: Legal defence prevents testimony about #GuptaLeaks in Free State corruption trial" description: "Legal representatives for the defence strongly opposed the swearing-in of a witness by the State in the Bloemfontein High Court on Monday during the first State Capture trial." type: "NewsArticle" publisher: "Daily Maverick" site: "https://www.dailymaverick.co.za" section: "STATE CAPTURE CASE" author: "Cathy Dlodlo" author_url: "https://www.dailymaverick.co.za/author/cathy-dlodlo/" canonical_url: "https://www.dailymaverick.co.za/article/2023-02-13-vrede-dairy-project-legal-defence-prevents-testimony-about-guptaleaks-in-free-state-corruption-trial/" published: "2023-02-13T23:52:52" lang: "en-ZA" word_count: 416 --- # Vrede Dairy Project: Legal defence prevents testimony about #GuptaLeaks in Free State corruption trial > Legal representatives for the defence strongly opposed the swearing-in of a witness by the State in the Bloemfontein High Court on Monday during the first State Capture trial. By Cathy Dlodlo · Published 14 February 2023, 01:52 SAST ## Key points - Eight accused in the #GuptaLeaks trial appeared in the Bloemfontein High Court this week, where lawyer Mike Hellens objected to Waseema Harrison's testimony on the grounds that it was uncertain whether evidence from hard drives involved in the #GuptaLeaks had been lawfully acquired. The State conceded to a trial within a trial, and Harrison's testimony was postponed until then. The State alleges that Nulane Investments were paid R24.9-million for a feasibility study related to the Vrede Dairy Project, and used to loot state coffers. All eight accused have pleaded not guilty to charges of fraud and contravening section 86(1) of the Public Finance Management Act. The case continues next week. - Waseema Harrison was about to take the stand when Mike Hellens, the lawyer for two of the accused, objected on the grounds that Harrison was expected to refer to hard drives involved in the #GuptaLeaks. - Hellens said it had to be determined whether the hard drives had been lawfully acquired and that the authenticity of documents that were part of the GuptaLeaks was also in question. - State prosecutor Peter Serunye conceded to a trial within a trial and said the National Prosecuting Authority would have to line up witnesses and statements to proceed. - The State alleges that Nulane Investments — one of the accused — was paid R24.9-million for a feasibility study, of which R1.5-million was paid to Deloitte as a subcontractor leading to allegations of state coffers being looted. ## Content Waseema Harrison had already taken the stand and indicated that she was going to testify about the #GuptaLeaks. She was about to take the oath when Mike Hellens, the lawyer for two of the accused — [Ronica Ragavan](https://www.dailymaverick.co.za/article/2018-12-07-ronica-ragavan-a-devotee-glorified-secretary-and-madam-fix-it/) and Islandsite Investments One Hundred and Eighty — objected on the grounds that Harrison was expected to refer to hard drives involved in the #GuptaLeaks. Hellens said it had to be determined whether the hard drives had been lawfully acquired and that the authenticity of documents that were part of the GuptaLeaks was also in question. He said: “Apparently, the information comes from the Zondo Commission into State Capture.” Hellens said there could be no room for provisionally admitting evidence and authenticating it later. He said the only way the testimony and documents could be before the court is if there is a trial within a trial, to first look at the evidence. [Read more about the GuptaLeaks here](https://www.dailymaverick.co.za/article/2017-07-21-guptaleaks-everything-you-ever-need-to-know-about-guptaleaks-in-one-place/) State prosecutor Peter Serunye conceded to a trial within a trial and said the National Prosecuting Authority would have to line up witnesses and statements to proceed. He indicated that Harrison, an IT specialist, would be part of the witness list for a trial within a trial. --- **Visit [*Daily Maverick's* home page](https://www.dailymaverick.co.za?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage) for more news, analysis and investigations** --- The lawyers representing Dinesh Patel, Seipati Dhlamini, Limakatso Moorosi, [Iqbal Sharma and Peter Thabethe](https://www.dailymaverick.co.za/article/2021-06-03-docket-nr-971-02-2021-the-state-v-iqbal-sharma-and-the-guptas/) were all in support of Hellens’ submission. Kenny Oldwadge, representing Patel, said the State would, at some point, have to submit statements and a witness list. He accused the State of leading the defence into an ambush. The State alleges that Nulane Investments — one of the accused — was paid R24.9-million for a feasibility study, of which R1.5-million was paid to Deloitte as a subcontractor. The feasibility study led to the controversial Vrede Dairy Project — a flagship project of the Free State Department of Agriculture and Rural Development, with a R280-million price tag. The State alleges that the feasibility study and the project that followed were used to loot state coffers. https://www.dailymaverick.co.za/article/2022-06-01-ten-revelations-made-by-the-guptaleaks-that-changed-the-course-of-sa/ Two former heads of the Free State Department of Agriculture and Rural Development, Thabethe and Moorosi, are among the eight accused in the trial. All eight have pleaded not guilty to charges that include fraud and contravening section 86(1) of the Public Finance Management Act. The State said it would be ready to proceed with a trial within a trial next week, and Harrison’s testimony was postponed until then. The case continues. **DM**