Saga continues of student on trial over nearly R10m in US dollars

Published Jan 14, 2019

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Cape Town – The saga continues of the South African student accused of trying to smuggle nearly R10 million in US dollars through OR Tambo International Airport last September en route to Hong Kong.

Her trial has endured several disruptions, with the latest leading to Fayrooz Saleh changing her lawyer. 

Initially, it was reported that she wanted to plead guilty, but then the 22-year-old did not arrive for the commencement of her case in October in the Kempton Park Magistrate's Court and an arrest warrant was subsequently issued.

When she did appear in court later that month, Sowetan Live reported that Magistrate Veena Krishna called her lawyer and the State prosecutor into his chambers for her identity to be verified because "her build appears to be different. She looks (more) slender than before… and she wore glasses. She appears to have her body covered in (a) hijab and is not wearing glasses today".

Her lawyer, Ori Moloi‚ confirmed that it was indeed her and that she had no reason to deceive the court. 

When she appeared in court in November, the matter was postponed again because the court was told that Moloi had just left the country on an international trip, leaving his stand-in to request a postponement on his behalf.

At the 11th hour today, TimesLive reported, she decided to change lawyers. The court postponed the case to Wednesday to allow her new lawyer to be briefed.

This was due to Moloi being abroad, leaving his stand-in to request a postponement on his behalf. Krishna expressed her disapproval of Moloi, saying it was "unacceptable".

Saleh was arrested at the airport on September 11, 2018 as she was about to depart for Hong Kong.

According to court documents‚ she was stopped by Sars officials, who opened her luggage in her presence and found the cash. When questioned‚ Saleh said she was heading to Hong Kong to buy goods.

Following her arrest‚ Sars said in a statement that Saleh initially denied having the currency but when questioned further, she admitted to having a substantial sum of money in her backpack.

"She admitted that she was not the owner of the currency‚ nor could she provide any proof of ownership‚" said Sars.

She is charged with contravening the Customs and Excise Act and the Prevention of Organised Crime Act. The State says she obtained the cash unlawfully through the proceeds of crime.

Saleh appeared in court shortly after her arrest and said she could afford bail of R10 000. The court granted R20 000 bail.

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