Advocate Kenny Oldwage, representing accused 6 Dinesh Patel, told Judge Nompumelwlo Gusha he was made aware that police were refusing to hand over files contained in a hard drive, possibly related to his client.

He says this is despite a court order compelling them to do so. Adv. Oldwage told Judge Gusha that the state is also hell-bent on stifling his and his client's effort to fight the charges levelled against Patel.

But in the state's defence to the accusations levelled against them, state prosecutor Adv. Peter Serunye said the incident was unfortunate.

Adv. Serunye said efforts were made by the state to help Adv. Oldwage receive all necessary documentation in relation to the court order. Adv. Serunye even showed judge Gusha and Oldwage a drafted court order to aid the process of retrieving those files.

He said he was also made aware by the police that for them to release those particulars, a drafted court order was needed. Adv. Serunye said the police told them that this is in a bid to avoid being guilty of contravening a section of the law.

OFM News previously reported that Adv. Oldwage and SC Michael Hellens argued in court on Monday 13 February 2023 that the prosecution team, led by Adv. Serunye, was attempting to ambush them with "backdoor evidence".

This came after Adv. Serunye had called a state witness to testify on the so-called Gupta leaks, including transcripts allegedly obtained from the Zondo State Capture Commission of Inquiry.

The evidence allegedly links the Gupta brothers to the alleged wrongdoing in the Free State, where millions were looted.

Adv. Oldwage, together with Senior Counsel (SC) Adv. Hellens, criticised the state and reiterated the need for a just and fair trial.

They both reminded Judge Gusha that they had previously requested additional proceedings against the state in order to prevent such actions. They said had their call been headed this would have been avoided.

ALSO READ: State accused of ambushing defence in Estina adjacent trial

In 2022, accused number 6, Denish Patel, accused number 7, Island Investments One Hundred and Eighty, and accused number 8, Ronica Ragavan, filed a special entry application, citing that the state had offered little detail to help them prepare for their trial. They are all represented by Adv. Oldwage and SC Hellens.

ALSO READ: Free State High Court dismisses Estina/Vrede application

The defence lawyers, including SC Hellens, want the state to prove the origin of the hard drives the witness will testify about and if acquiring them was lawful, legitimate and authentic.

SC Hellens said that for that to be proven, a trial within a trial was needed. But he also warned that if there are no statements from witnesses, the state intends to call for a trial within a trial.

The state has since conceded that there will be a trial within a trial to allow the witness to take the stand and give her much-anticipated testimony into the so-called Gupta leaks. Adv. Serunye told Judge Gusha that his clients were trying to secure witnesses to come and testify in this separate trial.

The trial within a trial is expected to begin next week.

It's anticipated that the state witness will further corroborate the evidence given by two experienced banking officials who testified on the banking system management and how the R25 million paid by the department flowed into the hands of Gupta associates.

ALSO READ: Estina adjacent trial: Witness forced to stand down

In 2022, Patel, Island Investments One Hundred and Eighty, and Ragavan, filed a special entry application, citing that the state had offered little detail to help them prepare for their trial.

While dismissing the application, Judge Mbhele stated that she was satisfied with the state's argument that it provided the defence with enough adequate details to enable them to organise and prepare for a fair trial.

Patel, Ragavan and others including the so-called Gupta lieutenant Iqbal Sharma, three former Free State Agriculture Department officials, Peter Mbana Thabethe, Seipati Dhlamini and Dr Limakatso Moorosi are part of eight people accused of fraud, corruption and money laundering.

The state alleges in its papers in court that Dlamini, Thabethe, and Moorosi, among others, conspired or colluded to divert funds earmarked for rural development in the Free State.

The former government officials are also charged with contravening the Public Finance Management Act (PFMA).

According to the National Prosecuting Authority's (NPA) Investigative Directorate (ID) spokesperson, Sindisiwe Seboka, these funds were then placed at the disposal of the Gupta family.

"The R25 million was purportedly paid to Nulane Investments to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung initiative. Nulane subcontracted Deloitte to produce the report, for which Deloitte was paid R1.5 million."

Mohoma Mobung is the Free State provincial government’s initiative in line with their Zero Hunger strategy.

OFM News previously reported that according to the state prosecutor, Jacyntha Witbooi, the Free State was one of the provinces often looted by the notorious Gupta family members and associates.

She said this while the R25 million feasibility study fraud and corruption case, related to the Estina case, was still in the Bloemfontein Magistrate's Court in June 2021. The accused were then granted bail, ranging from R10 000 to R500 000.

The trial is scheduled until 3 March 2023. It will continue on Thursday 16 February with the NPA's senior investigating officer, Thesele Rankuoatsana, on the witness stand.

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.

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

However, defence lawyers scrutinised and questioned his testimony

ALSO READ: Defense attorneys question impartiality of state witnesses

Adv. Oldwage, Adv. Bronwynne Forbay and Adv. Michael Hellens (SC), whose clients were implicated in the report, questioned Rankuotsana's impartiality and independence.

OFM News