Vrede Dairy Project: Legal defence prevents testimony about #GuptaLeaks in Free State corruption trial

13 Feb 2023

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.

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

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