Defense lawyers argued in court on Monday, 13 February 2023, that the prosecution team, led by Adv Peter Serunye, was attempting to ambush them with "backdoor evidence".

This came after Serunye had called a state witness to testify on the so-called Gupta leaks, including transcripts allegedly obtained from the Zondo State Capture Commission of Inquiry.

ALSO READ: Estina adjacent trial: Witness forced to stand down

The evidence allegedly links the Gupta brothers to the alleged wrongdoing in the Free State, where millions were looted.

Adv Kenny Oldwage together with Senior Counsel (SC) Adv Michael Hellens, criticised the state and reiterated the need for a just and fair trial. 

They both reminded Judge Nompumelelo Gusha that they had previously requested additional proceedings against the state in order to prevent such actions.

They said had their call been headed this would have been avoided. 

The defence lawyers, including SC Hellens, want the state to prove the origin of the hard drives the witness will testify about and if acquiring them was lawful, legitimate and authentic.

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

The state has since conceded that there will be a "trial within a trial" to allow the witness to take the stand and give her much-anticipated testimony into the so-called Gupta leaks. Adv Serunye told Judge Gusha that his clients were trying to secure witnesses to come and testify in this separate trial.

The trial within a trial is expected to begin next week.

It's anticipated that the state witness will 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: Estina adjacent trial: State ropes in banking officials

In 2022, accused number 6, Dinesh Patel, accused number 7, Island Investments One Hundred and Eighty, and accused number 8, Ronica Ragavan, filed a special entry application, citing that the state had offered little detail to help them prepare for their trial.

They are all represented by Adv Oldwage and SC Hellens.

ALSO READ: Free State High Court dismisses Estina/Vrede application

While dismissing the application, Judge Mbhele stated that she was satisfied with the state's argument that it provided the defence with enough and adequate details to enable them to organise and prepare for a fair trial.

The state alleges in its papers in court that the accused, including Seipati Dlamini, Peter Mbana Thabethe, Dr Limakatso Moorosi among others, conspired or colluded to divert funds earmarked for rural development in the Free State.

Eight accused, including Gupta associate Iqbal Sharma and others, face charges of fraud and money laundering, while former government officials are also charged with contravening the Public Finance Management Act (PFMA).

According to the National Prosecuting Authority's (NPA) Investigative Directorate (ID) spokesperson, Sindisiwe Seboka, these funds were then placed at the disposal of the Gupta family. "The R25 million was purportedly paid to Nulane Investments to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung initiative. Nulane subcontracted Deloitte to produce the report, for which Deloitte was paid R1.5 million." 

Mohoma Mobung is the Free State provincial government’s initiative in line with their Zero Hunger strategy.

OFM News previously reported that according to the state prosecutor, Jacyntha Witbooi, the Free State was one of the provinces often looted by the notorious Gupta family members and associates.

She said this while the R25 million feasibility study fraud and corruption case, related to the Estina case, was still in the Bloemfontein Magistrate's Court in June 2021.

The accused were granted bail, ranging from R10 000 to R500 000.

The trial is scheduled until 3 March 2023.

OFM News