Kimberley - The police’s stock of uncut diamonds earmarked for use in operations was severely depleted by “Project Darling”.
This is according to the first witness in one of the largest illicit diamond dealing cases in South African history, as Lieutenant Colonel Juaan Myburgh took the stand in the Northern Cape High Court on Wednesday morning.
Thirteen suspects are facing 127 charges relating to the contravention the Prevention of Organised Crime Act (racketeering with an alternative of being part of a pattern of criminal gang activity and the acquisition, possession and use of proceeds from unlawful activities) and the Diamond Act (dealing, purchasing and receiving unpolished diamonds) after all charges were withdrawn against a further seven accused following an apparent deal with the state.
During the operation, which spanned over 12 months from February 2013, Myburgh was the National State Diamond Controller who issued roughly 400 stones of varying size, purity, quality and value to investigators for the purpose of having agents perform transactions with the accused.
Myburgh explained that between 2000 and 2015, his primary task with the SAPS was the control, distribution and maintenance of all uncut diamonds at the police’s disposal.
These stones were provided by crime prevention with each allocated its own individual number along with a description of the gem’s weight, colour, purity, shape, distinguishing characteristics and a US dollar value per carat which was determined by state diamond evaluators. This information was captured on a database which consists of 3 485 entries.
However, Myburgh pointed out that this does not mean that police have just shy of 3 500 diamonds at their disposal, saying that gems that were not or could not be retrieved had not been replaced during his 15 years in the position.
During cross-examination, police procedure was scrutinised with Myburgh explaining the process but distancing himself from any involvement in the investigation other than that of issuing of the diamonds.
“Diamonds do go missing over the course of an investigation but we do everything we can to avoid this,” he said. “There are various statuses to keep track of, which diamonds are in stock, which are currently out on a case and so on.
“In my time, diamonds did go missing during operations and were never replaced. This reduced the supply.
“I cannot give exact numbers as I am no longer with the police and do not have that information on hand.”
The defence also questioned whether protocol was observed during the transactions between Linton Jephta, an agent working with investigators, and the accused.
Advocate TN Pryce said that it was vital for an agent to be searched before the “trap” and before he is issued with the diamonds and must be kept under observation to ensure he goes where he is supposed to.
He added that during such operations, a suspect may not be enticed, must be informed that the diamonds involved are stolen and must be given a chance to reconsider the transaction. Diamonds must also be sold at a market related price.
“In one case diamonds worth R2.25 million were sold for R1.25 million, which is substantially less and could amount to entrapment or enticement,” he said. “I can understand why it would be slightly different in this case but at the very least, the project team would have to know where the agent is going. They would then see him emerging,” Pryce said.
“Accused two (Patrick Mason) and 11 (Kevin Urry) were actually shown a mining permit and were told he (the agent) could legally sell (the diamonds).”
Defence also questioned why Myburgh had issued the diamonds when fictitious names were used on 28 of the requests for authorisation.
The 13 accused are Ashley Brooks, Patrick Mason, Manojkuma Detroja, Komalin Packirisamy, Ahmed Khorani, Antonella Florio-Poone, Kenyaditswe Visser, Willem Weenik, Joseph van Graaf, Carl van Graaf, Kevin Urry, Trevor Pikwane and Frank Perridge.
They are facing between two and nine counts each with Brooks implicated in the most transactions.
While the smallest amount to allegedly change hands is shy of R100 000, it is alleged that on September 2 2013, Detroja, Packrisamy and Khorani were involved in a transaction at Packrisamy’s house involving three diamonds and R3.45 million.
The earliest transaction allegedly took place in Norris Street, Kimberley, on March 20 2013, involving Brooks and Detroja, two diamonds and R128 000 while the last allegedly occurred at Pikwane Diamonds on February 19 2014, where diamonds to the value of R1.96 million were involved.
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