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| Former Mangaung mayor enters plea |
| November 11 2009 at 11:15PM |
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Former executive mayor for Mangaung, Pappie Mokoena, his wife Granny, and 17 other accused pleaded not guilty in the High Court in Bloemfontein on Wednesday to charges of racketeering, fraud and corruption. Not all the accused face all the charges. The case follows an investigation by the Scorpions into the Mangaung Local Municipality. The accused include former municipal manager Mojalefa Matlole, former municipal speaker Zongezile Zumane, former business manager Mzwandile Silwana, and Jakes Thithi, a political adviser to the former mayor. The other accused are Silwana's wife Brigitte, Evodia Kok (Zumane's personal assistant), Laetitia Hoffman (Mokoena's personal assistant), Buyelwa Khethelo, a businesswoman from Rocklands, and two Heidedal businessmen, Keabecoe and Kegomodicoe Lekone. Judge A Kruger listened for most of Wednesday morning to Mokoena's defence lawyer Johan Nel, arguing why he was not happy with the state's answers to a first request for further particulars. The trial was expected to start on Monday, but was postponed to Wednesday after a request by Mokoena for further particulars from the prosecution was allowed. Nel submitted that the papers filed currently did not "enlighten" Mokoena enough as to what he faced in the trial. "The accused should be informed fully of the charges he faces," said Nel. He submitted that Mokoena was entitled to be told what he had allegedly done, when, and how. Nel argued it was alleged by the State, in several matters in the case, that Mokoena had common purpose to be in a conspiracy with some of the other accused. "Why do you (state) say that and on what facts. What exactly did accused one do?" Nel said the state's answers, to the request for further particulars, did not allow the defence to consult properly with the accused. He further identified specific questions he wanted answered and asked the court to "compel" the state to supply further particulars. State prosecutor Johan de Nysschen submitted that the indictment had been available since September 2008. He told the court he could not go any further than the answers already supplied. "I will have to hand in sworn affidavits," he said, adding that a request for copies of invoices by Mokoena would result in handing in "boxes of papers" - which was not practical. De Nysschen told Judge Kruger there was no basis for Mokoena's attempts to get more information. Taking about 45 minutes to decide, Judge Kruger refused Mokoena's second application. He held that the matter had a long history and Mokoena had created a situation of "prejudice" by waiting until ten days before the trial, before asking for further particulars. The court found it would not be in the interest of justice to allow a further request for particulars and that Mokoena was treated fairly and reasonably thus far. The trial was adjourned for Mokoena and his defence team to consult after the court's decision. When the trial commenced after lunch Nel told the court that instructions were received but a decision on how to proceed would be taken later. The State proceeded by calling its first witness, Cornelius Fourie of KPMG's forensic department. Fourie started to testify on a 605-page report which was complied after a forensic investigation, ordered by the Director of Special Operations (Scorpions) at the time. About 25 lever-arch files of evidence, pertaining to the report were also handed in at court by the State. The case continues. - Sapa
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