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Defense attorneys question impartiality of state witnesses

───   LUCKY NKUYANE 07:38 Thu, 16 Feb 2023

Defense attorneys question impartiality of state witnesses | News Article
The Estina adjacent trial continues in the Free State High Court in Bloemfontein. PHOTO: Lucky Nkuyane

Defence lawyers have scrutinised the testimony of a state witness from the National Prosecuting Authority (NPA) and senior financial investigator in the R25 million Estina adjacent trial playing out at the Free State High Court in Bloemfontein.

NPA's Thesele Rankuoatsana gave a two-day testimony in court into the money flow between the Gupta associate's banking accounts, and how millions of rands were transferred from one banking account to another. 

Adv Kenny Oldwage , Adv Bronwynne Forbay and Senior Counsel Adv Michael Hellens, whose clients were implicated by the report, questioned Rankuotsana's impartiality and independence.

The defence lawyers asked the senior investigator who helped the police investigate the Estina case why he involved himself in the criminal investigation despite his mandate being strictly financial affairs. 

Rankuoatsana helped the police by typing the statements of two officials from the Provincial Agriculture Department's supply chain management.

This after he admitted to having had a hand in helping the investigating officers obtain witness statements while the criminal investigation into Estina was underway. 

Rankuoatsana testified that at least half a billion rand was moved around in a space of eight months through the accounts of associates of the Gupta-brothers, including Islandsite Investments, Pragat and Nulane Investments companies. 

Some of the funds were transferred to international bank accounts, including Gateway Limited and Bank of Baroda, during the course of 2011 and 2012, a period during which the Free State department is accused of having paid Nulane R25 million.

However, when taken through a thorough and detailed financial statement of Islandsite amongst others,  he was questioned on how why he excluded some of the periods showing money flow between accounts of the aforementioned companies, even before the Estina matter came to light. 

SC Hellens told the court that it was common for the Cashfocus group's companies to lend and borrow millions of dollars from one another in order to keep their businesses running smoothly.

SC Hellens presented the court with financial statements demonstrating how money flowed between these companies both before and after the alleged crime was committed.

He said Islandsite, which is accused number 7, performed treasury duties for all of these companies and some of the duties included the facilitation of the money flow among the companies.

Dinesh Patel, Ronica Ragavan, and Iqbal Sharma have all denied any wrongdoing. 

Previously, Rankuaotsana testified that millions of rands allegedly looted from the Free State Agriculture Department could not be fully traced because they were moved around to different bank accounts. 

ALSO READ: Witness says looted Estina millions 'difficult to trace'

On Thursday, the prosecution team called a retired 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 about how money allegedly flowed from one account to another during 2011 and 2012. Millions of rands were transferred from Sharma to Islandsite Investments. From there, it would be sent to Pragat Investments. 

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

The state contends that these millions were sent from one focal point by a system operator, who in this case was Atul Gupta. 

It is also alleged that a total amount of R19 007 934, which formed part of the money derived by Nulane from the department as aforesaid, was eventually transferred to a Bank of Baroda account into an off-shore Standard Charter Bank account of Gateway Limited, held in the United Arab Emirates, under the pretext that it was for payment of services under the aforesaid contract between Nulane and Gateway Limited.

The case is based on allegations that R24,9 million was paid to Nulane Investments to conduct a feasibility study for the Free State’s flagship Mohoma Mobung project. The state alleged that Nulane had no employees and subcontracted Deloitte to produce the report. 

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.

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