The six face charges of fraud, corruption and money laundering over contracts awarded by Transnet to Regiments Capital and Trillian, and Regiments Fund theft of Transnet’s benefit fund.
Piet du Plessis for Gama and Moodley told the court that in September last year when bail was granted to his clients, the state indicated that the persons and entities mentioned as persons of interest in the draft charge sheet would be joined as accused in the matter.
However, at the next appearance in February this year, no further accused had been joined in the matter and the state committed this would now happen on May 27 this year, Du Plessis said.
In May, the state had not fulfilled its promise and even in August no progress had been made on a promise made by prosecutors last year.
“Moodley was arrested and enrolled. We have made submission in court which we repeat herewith that it is clear that our client Mr Moodley was prematurely arrested and the matter against him enrolled while the state was clearly not in a position to proceed with the matter on the basis of due process through the criminal court,” said Du Plessis.
Prosecutor Adv Thembela Bakamela made a commitment that the state would have achieved this before the set date.
The charges faced by the six relate to the R93m which Transnet paid Trillian for organising a R30bn club loan to help buy 1,064 locomotives.
It was allegedly a double payment as Transnet had already paid Regiments, where Wood was also a director, for the work. Trillian allegedly did nothing to earn the fee but invoiced Transnet.
The Zondo commission found that the locomotives deal ballooned from R38bn to R54.5bn, and the Guptas brothers allegedly received about R6bn in kickbacks.
The matter was postponed to October 14 to allow the state to keep its commitment and also provide the defence with the charge sheet and a full disclosure of the docket.
Meanwhile, Wood’s case was postponed to September 7 to allow him to make submission on changes for his bail conditions.
Four more people are expected to appear in court later on Monday including former Transnet CEO Brian Molefe and CFO Anoj Singh following their arrest in the morning.
dlaminip@sowetan.co.za
Transnet R93m fraud case postponed
Image: Antonio Muchave
Lawyers representing former Transnet CEO Siyabonga Gama and alleged Gupta fixer Kuben Moodley in their corruption case have lashed out at the state for delaying the case against the two men.
On Monday, Moodley, Gama, former acting CEO Garry Pita, former treasurer Phetolo Ramosebudi, Regiments shareholder Eric Wood and Trillian co-founder Daniel Roy appeared in the Palm Ridge specialised crimes court together.
The six face charges of fraud, corruption and money laundering over contracts awarded by Transnet to Regiments Capital and Trillian, and Regiments Fund theft of Transnet’s benefit fund.
Piet du Plessis for Gama and Moodley told the court that in September last year when bail was granted to his clients, the state indicated that the persons and entities mentioned as persons of interest in the draft charge sheet would be joined as accused in the matter.
However, at the next appearance in February this year, no further accused had been joined in the matter and the state committed this would now happen on May 27 this year, Du Plessis said.
In May, the state had not fulfilled its promise and even in August no progress had been made on a promise made by prosecutors last year.
“Moodley was arrested and enrolled. We have made submission in court which we repeat herewith that it is clear that our client Mr Moodley was prematurely arrested and the matter against him enrolled while the state was clearly not in a position to proceed with the matter on the basis of due process through the criminal court,” said Du Plessis.
Prosecutor Adv Thembela Bakamela made a commitment that the state would have achieved this before the set date.
The charges faced by the six relate to the R93m which Transnet paid Trillian for organising a R30bn club loan to help buy 1,064 locomotives.
It was allegedly a double payment as Transnet had already paid Regiments, where Wood was also a director, for the work. Trillian allegedly did nothing to earn the fee but invoiced Transnet.
The Zondo commission found that the locomotives deal ballooned from R38bn to R54.5bn, and the Guptas brothers allegedly received about R6bn in kickbacks.
The matter was postponed to October 14 to allow the state to keep its commitment and also provide the defence with the charge sheet and a full disclosure of the docket.
Meanwhile, Wood’s case was postponed to September 7 to allow him to make submission on changes for his bail conditions.
Four more people are expected to appear in court later on Monday including former Transnet CEO Brian Molefe and CFO Anoj Singh following their arrest in the morning.
dlaminip@sowetan.co.za
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