Cape Town - Eight people, including two City employees, arrested over a R2.5 million City tender-fraud scandal, failed to get their case struck from the roll in the Cape Town Magistrate’s Court on Sunday.
The court heard arguments over the State’s application to be allowed to conduct further investigation in the matter.
Advocate Reuben Liddell, defence for the directors of the construction company TCC, Asif Khan and Abdul Karrim Khan, and employees Uwais Khan, Irfaan Khan, Craig Kannemeyer and Abdulatief Abrahams, said that postponements prejudiced his clients.
Other accused in the case are City employees Adam Majiet and Alistair Stanbul.
The matter was last heard two weeks ago where cash-flow statements for analysis were outstanding and data from laptops and cellphones seized in May last year still needed to be downloaded.
Liddell said he believed the matter was brought before the court prematurely as police had still been gathering evidence.
“This entire matter appears to be a fishing expedition, any further postponement is going to prejudicial, not only financially but it psychologically has an impact on the accused. The mandate of the police is to investigate and make arrests,” said Liddell.
He raised issue over an incomplete charge sheet and requests for postponement for further investigation.
The defence for Majiet and Stanbul questioned State witness and investigating officer, Captain Andre Pekeur about whether police had been rushed to make an arrest, were being pressured and if Pekeur would have waited.
“I was not involved in the arrest,” said Pekeur. “Yes, I would have waited and gathered all evidence first, but now they are already here. Nobody has placed pressure on me.”
He said police seized devices in May last year and that Pekeur had testified that downloads had been done.
“We are done downloading, but I only received details this morning. The cash flow is the only thing outstanding.
There are large amounts of transactions and statements. The person dealing with it needs more time,” said Pekeur.
Magistrate Ronel Oliver asked Pekeur about the backlog at the Cybercrime Unit. “The unit used to have seven members, two resigned, two were promoted and we only have two working on all matters,” he said.
Oliver granted that the matter be remanded to next month: “Delays were explained, that they were purely systematic and that the Cybercrime Unit is understaffed. I did not find that there are delay tactics. I am satisfied with the evidence and progress made.”
The accused are out on bail. The State’s case is that TCC supplied false invoices to the City and misrepresented some of the work as finalised.
The two City officials allegedly allowed the invoices to be authorised even though they knew the work was not completed.
Anti-crime activist Hanif Loonat assisted by Cape Coloured Congress leader Fadiel Adams lifted the lid on the matter which led to the arrests.
It is this same investigation that led to now former Mayco member for human settlements Malusi Booi’s sacking by mayor Geordin-Hill Lewis.
Officers had raided his office and seized documents and electronic devices, including his cellphone.
Booi is alleged to have been linked to the scandal. He has yet to publicly state his case. He was also suspended by his party, the DA.
Cape Times