Cape Town - An arms dealer from Vereeniging Alan Robert Raves had his application for a permanent stay of execution and seeking the separation of his trial from that of alleged gun seller Irshaad Laher dismissed at the Western Cape High Court.
In the application, he asked that the prosecution against him be instituted and continued in Vereeniging Regional Court or, alternatively, the North Gauteng High Court in Pretoria. He also sought costs of the application in the event of it being opposed.
Raves is charged with corruption in that he unlawfully gave and/or offered to pay R1 million to convicted police colonels Christiaan Prinsloo and D Naidoo in order that they steal firearms and ammunition for him.
Acting Judge Hayley Slingers set out that applications for a stay of prosecution were granted sparingly and only for compelling reasons.
“In determining whether or not to grant a stay of prosecution, the court has to consider the balance of the following factors: the length of the delay, the reason given for the delay, the prejudice to the accused and the nature of the offence,” read the judgment.
On October 12, 2018, advocate Pete Mihalik, who represented Laher, was killed in an alleged hit.
Laher’s attorney before Mihalik, Noorudien Hassan, was also murdered in an alleged hit in 2016. Judge Slingers said Raves was arrested on August 21, 2015 and having the regard to the nature and the extent of the delays, they could not be said to have been unnecessary.
She added that he failed to establish that he would suffer irreparable harm should a stay of execution of prosecution not be granted, and because of the seriousness of the offences, she was not convinced that a stay of prosecution should be granted.
Raves is also charged with the theft of parts of firearms and between 300 and 400 rifles, and the unlawful selling or supplying of firearms. He faces a further charge of contravening of the Prevention of Organised Crime Act, the same charge that Laher faces. According to the judgment, should he be convicted of the above, he may be sentenced to life imprisonment.
Jidge Slingers added that it would not be in the interest of justice to separate the two men’s trial as the same evidence would have to be presented twice pertaining to the existence, nature and operation of the criminal enterprise with which both Raves and Laher are alleged to be associated.
An application by Laher seeking an order directing the State to immediately provide him access to and copies of dockets was also heard by the judge.
She ordered that the State provide Laher’s legal representatives with access to and copies of the dockets relevant to the matter within a month of the date of this order.
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