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Estina adjacent trial: Witness forced to stand down

───   LUCKY NKUYANE 13:58 Mon, 13 Feb 2023

Estina adjacent trial: Witness forced to stand down | News Article
PHOTO: Lucky Nkuyane

A state witness in the R25 million Estina adjacent trial, who intended to give her much-anticipated testimony or evidence into the so-called Gupta leaks and Zondo State Capture Commission report, has been forced to stand down.

This happened after the defence lawyers questioned the admissibility and authenticity of her evidence.

The witness was sworn in and was set to testify about the transcripts acquired from the Zondo State Capture Commission, which allegedly link the Gupta brothers to the alleged wrongdoing in the Free State, where millions were looted.

In his fifth instalment of the state capture report in 2022, the chairperson of the commission, Raymond Zondo, mentioned that former Premier Ace Magashule and former MEC for Agriculture in the province, Mosebenzi Zwane, pursued the agenda of the Guptas by failing to do their jobs with respect to the Free State government’s R280 million Estina Vrede dairy project.

It's anticipated that the state witness is said to further corroborate the evidence given by two experienced banking officials who testified on the banking system management and how the R25 million paid by the department, flowed into the hands of Gupta associates.

ALSO READ – #StateCapture: Free State corruption exposed

The plan to let the witness take the stand and give her testimony was, however, fiercely protested by the Senior Council (SC) Advocate Michael Hellens. SC Hellens told Judge Nompumelelo Gusha that there were serious concerns with the witness.

He said they require the state to prove the origin of the hard drives the witness will testify about and if acquiring it was lawful, legitimate and authentic.

SC Hellens said for that to be proven a trial within a trial was needed. But he also warned that there are no statements from witnesses the state intends to call for the trial within a trial.

On Monday 13 February 2023, the state prosecutor Advocate Peter Serunye called up another witness from Delloite, which had dealings with the so-called Gupta Lieutenant Iqbal Sharma's Nulane Investments.

Adv. Serunye called Deloitte's internal legal advisor Robert Otto Bolz to give testimony on the summons and subpoena of information from the state. He told the court that police had requested information about the contracts between Nulane and Deloitte and Nulane and the department.

In 2011, the Free State Agriculture Department paid almost R25 million to Nulane Investments, which was owned by former Transnet board member, Iqbal Sharma, for the Vrede feasibility study. Nulane – represented by Sharma’s brother-in-law Dinesh Patel – then negotiated and subcontracted the same feasibility study to forensic auditing firm, Deloitte, for R1,5 million.

Boltz said the contacts were never found and also mentioned that delloite has a 7 year policy which entails that the company may destroy documents older than the aforementioned years.

His testimony followed that of two former Deloitte employees, which includes Omri van Zyl and Wallace Botha.

ALSO READ: Estina adjacent project was selected poorly - state witness

However, on Thursday, the prosecution team called a retired and experienced former Absa employee, Linda Channing, with more than 40 years of experience, as well as Norman Percival Smit, also with more than 40 years of experience at the bank. Channing took to the stand and explained how the banking management system works and how one of the Gupta brothers Atul was the super user of the banking system for Sahara Computers.

Later on, Smit also testified how money allegedly flowed from one account to another during 2011 and 2012. Millions of rands were transferred from the so-called Gupta lieutenant Iqbal Sharma to Islandsite Investments. From there it would then be sent to Pragat Investments. Millions of rands were sent from the aforementioned companies again and again.

ALSO READ – Estina adjacent trial: State ropes in banking officials

In his report, Zondo recommended that law enforcement agencies probe Magashule and Zwane.

In September 2022 Zwane, who was heavily implicated in the Judicial Commission of Inquiry into Allegations of State Capture, appeared at the Bloemfontein Magistrate's Court alongside another two suspects, including Ronica Ragavan, Ugeshni Govender, a former Sahara employee - a company owned by the Guptas.

Ragavan and Govender were also the suspects in a previous Estina matter in 2018 which was provisionally withdrawn, pending further investigations.

ALSO READ: Former minister, Free State MEC in court for Estina

Free State government officials and service providers stand accused of looting and stealing millions from the Free State Agriculture Department. It's alleged that officials – including Peter Mbana Thabethe, Seipati Dhlamini, and Limakatso Moorosi – allowed an illegal upfront payment of R12 million with no proper documents.

The trial is expected to be concluded on 3 March 2023.

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