STATE CAPTURE CASE
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.
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 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
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.
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The lawyers representing Dinesh Patel, Seipati Dhlamini, Limakatso Moorosi, Iqbal Sharma and Peter Thabethe 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.
Ten revelations from 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
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One wonders if any of these crooks will ever be behind bars.
Just like jz and his anc cohorts.
Let’s hope that their legal fees exceed their illicit gains.
Trials and trials within trials with lots of advocaten and expert witnesses don’t come cheap.
Mike Hellens yet again trying to defend the indefensible; can he not be prosecuted for obstructing justice?
I hope these crooks are going to pay all costs after they weave and dodge their way to gaol.
Mike Hellens, always keen to take cases representing the bad guys. The vicious cycle of the ‘accused’ using money allegedly stolen to defend themselves and lawyers happily taking a huge pay day receiving these funds needs to come to an end somehow. With enough money in indefensible can be defended.
Like with former prisoner zuma and Jooste : everybody knows what these people did, including their lawyers.
We should offer good deals to people that come clean and give the evidence needed against those that don’t come clean.
Most of all we must unleash SARS on them. Crooks being crooks, they probably did illegal tax dodges, including for example deducting expenses that certainly are not valid business expenses. Once SARS is done with its 300% penalties plus interest and potential criminal prosecution, these lawyers will not be interested in defending the crooks.
Hmmm, it does seem that the real beneficiaries of the looting of state coffers may actually be the legal system… defending the indefensible until the cows come home (pun intended!)?
A lawyer friend of mine once asked what is the difference between a lawyer and a rat, there are things a rat will simply not do! As we saw with SARS (Hogans Lovells), etc. and now this bloke Hellens. As long as fees are paid they will simply do anything they retained to do – forget about morals even when supping with the devil.
The defence team appear as corrupt as the Guptas themselves? Or is it just my imagination?
Like it or not, having a 100% committed defense in all legal trails is the backbone of our legal system.
Pity the judge cannot remind the lawyers that (potentially) they are being paid with the proceeds of crime which may be subject to being clawed back