Central SA
Estina trial: Will late disclosure of crucial evidence result in more delays?─── KEKELETSO MOSEBETSI 09:04 Wed, 07 Aug 2024
“They must explain why they were not ready for trial on the first day. The problem appears to be of their own making.”
The Free State High Court faced heated arguments on the second day of the trial in the controversial Estina Dairy Farm case, primarily due to the late disclosure of crucial evidence.
The case involves allegations that R280 million in state funds were misappropriated by service providers with the assistance of government officials.
The second day of the trial saw dramatic developments with defence lawyers arguing that the state’s evidence handling has severely impeded their preparation.
‘Hard drive’s late provision had caused significant inconvenience’
On Tuesday (8/8) Senior Counsel (SC) Advocate Michael Hellens and other representatives presented a compelling argument to Acting Deputy Judge President Celeste Reinders. who is one of the defense lawyers in a case involving the Gupta associate Ugeshni Govender and former Free State MEC for Agriculture Msebenzi Zwane among others, contended that the defense team was not adequately prepared for trial due to the late delivery of a crucial 5 terabyte hard drive. This hard drive, containing vital information for the case, was only provided to the defense in June, six weeks before the trial began and information contained in the hard drive still cannot be accessed.
Hellens argued that this delay infringed on the accused’s right to access necessary information before the trial, asserting that the hard drive’s late provision had caused significant inconvenience and financial strain on the defense. He requested that the case be struck off the roll due to these issues, citing the unjustifiable delay and the resulting costs incurred by his clients.
The controversial Free State Estina Dairy Farm project case, where millions of state funds were allegedly looted by service providers with the aid of government officials, will finally go on trial in 2024. https://t.co/Hb4vAhiSD5
— OFM News (@OFMNuus) August 29, 2023
In response, Senior Counsel (SC) Adv. Terry Motau, representing the state, argued the hard drive’s relevance was questioned only commencement of the trial. He said the state had to follow necessary procedures to secure the drive from the Netherlands last year. Motau maintained the hard drive was intended to supplement the previously disclosed documents and that its purpose was to allow the defense to verify the information's relevance. He then requested additional time for both the state and defense to discuss a postponement of the trial and to engage IT specialists to access the drive’s content.
Reinders expressed concerns over the trial’s delays, questioning why the hard drive was not provided to the defense promptly. She highlighted the potential implications of further delays and the additional time required for the defense to prepare after reviewing the hard drive’s contents.
In his closing argument, Hellens criticised the state for its late discovery of unreadable material on the hard drive. He questioned why the defense was unable to access the information and accused the state of attempting to delay the trial to address issues of their own making.
Some of the accused in the Estina corruption and money laundering case as they wait for the trial to begin at the Free State High Court. The case emanates from alleged looting of the provincial department of Agriculture between 2012 and 2014. #sabcnews ??Kamogelo Seekoei pic.twitter.com/cV9I0USCZS
— Masiteng Makgala (@masitengmakgala) August 5, 2024
“They must explain why they were not ready for trial on the first day. The problem appears to be of their own making,” said Hellens.
Judgement was reserved for Wednesday (7/8).
The Estina Dairy Farm case, which has attracted significant attention, was featured in the latest installment of the State Capture report delivered to President Cyril Ramaphosa by former Chief Justice Raymond Zondo. It involves allegations of misappropriation of funds intended for a dairy project that was supposed to benefit local farmers.
DA Member of the Provincial Legislature in the Free State, Roy Jankielsohn, expressed hope that the court will not grant the accused’s application to have the case struck off the roll. He emphasised the importance of holding those implicated accountable and expressed optimism that the state has a strong case. Jankielsohn also said he hoped the circle of implicated individuals would expand to include politicians named in the Public Protector’s report, including former Free State Premier Ace Magashule.
