ID spokesperson, Sindisiswe Seboka, says they welcome the dismissal of the special entry application by the Deputy Judge President (DJP) Martha Mbhele, in favour of the state.

"The NPA's ID is pleased with the court's decision not to grant accused six, seven and eight the application for special entry in terms of section 317 of the Criminal Procedure Act (51) of 1977. 

"This is in regard to the over R24 million Nulane Investment matter which is set for trial in 2023," Seboka adds.

On 14 Wednesday, Judge Mbhele dismissed three accused special entry applications to force the state to provide further particulars to the suspects.

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Judge Mbhele said the application is unnecessary, and granting it would constitute an abuse of the court processes.

This came after she initially denied an application to compel the state to provide the accused with additional information in order to prepare for the trial.

On 3 November 2022, the defence attorneys, including Advocate Kenny Oldwage and Senior Counsel Advocate Michael Hellens, told Judge Mbhele they would be making a special entry after citing irregularities stemming from her judgment.

Accused number six, Denish Patel, accused number seven, Island Investments One Hundred and Eighty (PTY) LTD, and accused number eight, Ronica Ragavan, filed the special entry application, citing that the state had offered little detail to help them prepare for their trial.

A special entry is made when applicants feel that there is an irregularity in the court proceedings, which will then have the potential to infringe on the rights of the accused to have a fair trial.

Advocate Oldwage revealed that they also reserved their right to approach the Constitutional Court as far as the judgment is concerned, which failed to compel the state to release further particulars related to the accused.

OFM News