Allegations raised in the latest corruption and defeating the ends of justice charges against tax fraud accused Shauwn Mpisane are “highly improbable” and without merit.
This was the fresh argument made by Mpisane’s legal team in an application asking Durban Regional Court magistrate Blessing Msani to hold an inquiry into whether or not the State was causing an unreasonable delay in the case.
Mpisane and her company – Zikhulise Cleaning, Maintenance and Transport – are facing more than 100 tax fraud charges involving R4.7 million related to fraudulent representations about the company’s annual financial statements and income tax return for the year ending February 2008 to the SA Revenue Service.
On October 18 this year, Mpisane was arrested again and charged with a further two charges of corruption and defeating the ends of justice for allegedly persuading State witness Nilendra Allopi to alter evidence that is to be used in the main case.
Mpisane’s tax fraud case was set down for most of this month, but has not started because the State wants to add the latest corruption charges, as well as other charges, to the ones she already faces.
Mpisane is opposing this and wants the trial to start and the other charges to be dealt with later.
On Monday, in an affidavit, Mpisane’s attorney, Phila Magwaza, argued that the corruption and defeating the ends of justice charges were baseless, and that his client would have gained nothing from committing these crimes.
“Accused two [Mpisane] denies interfering with any State witnesses.
“It is worth stating that the State and the accused have always been in possession of the unaltered invoices in question. What could have possibly been achieved by altering these invoices?”
He added that the State’s case was built on an improbability. “It is dubious whether the ends of justice could ever have been defeated.”
Last week, defence advocate Jimmy Howse lashed out at the State and said it was making “ill-considered and arbitrary” decisions in the case.
This was underscored by Magwaza’s affidavit yesterday, in which he alleged that the State was guilty of “systematically prejudicing” Mpisane.
The State argued Mpisane had brought the delay on herself by interfering with Allopi days before the trial.
Msani is expected to hand down a ruling in the matter this week.