Central SA
State Capture: NPA remains undeterred to pursue dismissed Estina matter─── KEKELETSO MOSEBETSI 07:33 Thu, 08 Aug 2024
“NPA will reflect further on the judgment but remains undeterred in the pursuit of the matter.”
Another Zondo Commission’s state capture case accusing government officials, business owners and Gupta associates has been dismissed by a Free State High Court judge.
The controversial case involving the Free State Estina Dairy Farm project, where millions of state funds were looted by service providers, allegedly with the help of government officials, was struck off the roll by the Free State High Court’s Acting Deputy Judge President Celeste Reinders on Wednesday (7/8).
‘Inability to access electronic versions of hard copies of Gupta leaked emails cited’
The decision follows the application by defence lawyers, including Senior Counsel (SC) Advocate Michael Hellens, for the matter to be struck off the roll in terms of Section 342 A of the Criminal Procedure Act, citing an inability to access the electronic versions of the hard copies of “Gupta leaked emails” as they do not have access to the hard drive which has the emails.
The NPA spokesperson, Adv. Mthunzi Mhaga, expressed disappointment after a decision to have the matter struck off the roll. He said as early as 2023, the state provided the defence with hard copies of the Gupta leaked emails.
“On 15 June 2024, the defence was provided with electronic versions of the same hard copies disclosed in early 2023. The state also made its own technical expert available to assist the defence in accessing the digital platform, should they experience any challenges,” he said.
Reinders expressed concerns over why the hard drive was not provided to the defence promptly and said it was an infringement of the rights of the accused.
‘NPA will take necessary steps to reinstate the case’
Mhanga said since the trial commenced on Monday (5/8), the state has been ready to proceed with witnesses ready to testify in court. He said the ID team has been guided by an external and experienced Senior Counsel who has worked diligently on all aspects of the Gupta evidence and relevant disclosures.
Mhanga added that the NPA will reflect further on the judgment but remains undeterred in the pursuit of the matter and will take necessary steps to reinstate the case.
