Michael Lomas faces tough fight for bail amid suicidal tendencies and flight risk allegations

28 Jan 2025

The ill health of ex-British fugitive Michael Lomas, a former Eskom contractor facing a raft of corruption charges, sparked his quest to avoid extradition to South Africa. His poor health has now become fundamental to his bid to be released on bail.

The bail application of Michael Lomas, who is facing 65 counts related to R1.4 billion in corruption at Kusile Power Station, was heard on two consecutive Fridays, 17 January and 24 January 2025. Cross-examination will continue on Wednesday, 29 January.

During the second appearance, the State opposed Lomas’ bail application, claiming that, in addition to his health and suicidal tendencies, he was a flight risk.

According to Henry Mamothame, the spokesperson for the Investigating Directorate Against Corruption (Idac), State prosecutor Dawie Joubert, SC, has stated that Lomas was a suicide risk.

This, Mamothame stated, was influenced by Lomas’ failed attempt to avoid extradition to South Africa from the United Kingdom, in which he hired a private psychiatrist who testified that he was unfit for extradition, citing a suicidal state.

“The State further believes the accused is a flight risk based on his suspicious travel out of the country through Namibia, back to the United Kingdom in 2018, after investigations started in 2017. He further failed to voluntarily hand himself over to the South African authorities after a warrant for his arrest was issued. He instead opted to fight his extradition to evade trial,” the statement read.

During cross-examination on Friday, 24 January, Lomas denied that he was a flight risk, stating that he was not going anywhere, had surrendered his passport, and did not have any travel documentation.

He also offered the court an overview of his financial situation, beginning with an investment made in 2003 for R600,000 and receiving R6,000 each month. He also had a loan account of R159,000 from his property shareholdings.

Lomas, who was sought by South African authorities in connection with R1.4-billion in corruption, was extradited to South Africa on Friday, 20 September 2024 after a two-year battle.

Read more: Extradited Eskom contractor Michael Lomas makes first court appearance on fraud charges

Following his court appearance Lomas’ name was added to the indictment with 11 co-accused, including former senior Eskom executives and Tubular Construction Projects directors. They face a raft of counts of corruption linked to the R1.4-billion deal to upgrade the Kusile Power Station in Mpumalanga.

Among his co-accused are Abram Masango, a former executive in Eskom’s group capital division; France Hlakudi, a former senior manager in the division; Antonio José Trindade, the owner of Tubular Construction Projects; and Hudson Kgomoeswana, the owner of Babinatlou Business Services.

Seven companies are also charged in the case, which has been postponed multiple times since first coming to court in December 2019.

Lomas was arrested on 15 April 2021 in Emsworth, London, and granted bail of £100,000 (R1.7-million in April 2021). He submitted an additional surety of £250,000. On 15 December 2022, the Westminster Magistrate’s Court in London granted South Africa the right to extradite Lomas.

Dizzy spells nothing new

Lomas’ reasons for being released on bail include acute dizziness, which produced blackouts, causing him to fall and sustain injuries in prison. He claims that the falls are due to his neck.

Lomas’ legal representative Mannie Witz told Daily Maverick: “He has fallen many times and was taken to a hospital in Baragwanath for treatment. When my client was out on bail for three years in the UK he complied with his bail conditions.

“His address and number were given to the Home Office and police in the UK in case they needed him while he was in a care home. My client needs urgent surgery to his neck and needs his prostate checked as his levels go up. He wants to attend a private surgeon, not Chris Hani Baragwanath Hospital.”

The dizzy spells and suicidal tendencies that surfaced on Friday, 17 January, are not new. They came up during his extradition procedures and were thoroughly addressed by a UK court.

On 15 December 2022, the Westminster Magistrate’s Court in the UK found Lomas extraditable.

On 23 August 2024, nearly two years after Lomas asked for his extradition to be blocked due to mental health issues, a London judge, Charles Bourne, found there were appropriate measures in place in South Africa to provide Lomas, who has suicidal tendencies, with mental health treatment, including admission to hospital, if necessary.

According to Judge Bourne, Lomas suffers from depression, anxiety and insomnia, and has previously sought treatment for these symptoms, as well as for suicidal thoughts.

Testimony by Dr Alan Mitchell indicated that Lomas had health issues, including multilateral degenerative disc disease of the cervical spine, which caused weakness in his right arm and hand, poor balance, unsteadiness and limited mobility. He underwent spinal surgery in June 2023 and April 2024.

Furthermore, testimony heard by a neuropsychiatrist and a neuropsychologist stated that Lomas had a recurrent depressive disorder with an elevated risk of suicide. Another psychiatrist, Dr Bradley Hillier, stated in a letter that his risk of committing suicide was “extremely high and potentially imminent”.

Read more: UK court rules Kusile corruption accused Michael Lomas can be extradited to SA, despite high suicide risk

So the same health issues that Lomas used to try to impede his extradition are now being used in a bid to get him released on bail.

NPA’s undertaking to UK court

Pivotal to finally dismissing Lomas’a appeal against his extradition based on his medical history is the guarantee that the South African authorities gave in the form of affidavits. It is part of the Westminster Magistrate’s Court judgment.

These guarantees included:

Lomas will be accommodated at Johannesburg Medium “C” Correctional Centre in B unit in a single cell — pre-trial and post-conviction — with a single bed, toilet, tap with hot and cold water, electricity, adequate ventilation, heating, natural light and which will be very tidy and clean.

There are shower facilities, which are in good condition, as well as a courtyard for gym purposes. He will be entitled to at least one hour of exercise a day, and he will exercise with other prisoners.

Primary healthcare is available, with qualified nurses, a medical doctor and a dentist at Johannesburg Correctional Centre.

The local hospital, Chris Hani Baragwanath Academic Hospital, is 4km from the correctional centre.

He will be assessed by a psychiatrist, and suitable treatment will be provided.

The medication he is prescribed is available in the prison pharmacy.

Against this backdrop, the State maintains that Lomas must remain in custody until the trial resumes.

Cross-examination and arguments will continue on Wednesday, 29 January 2025. DM

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Dizzy spells nothing new

NPA’s undertaking to UK court