IT is doubtful whether the VBS Mutual Bank fraud and corruption trial against 13 accused will still get underway this year, with two interlocutory applications which are heading to the Supreme Court of Appeal and a possible Constitutional Court bid which could also be on the cards.
Nearly seven years after the VBS scandal broke, the main trial is still to proceed in the Gauteng High Court, Pretoria.
The 13 accused were back in court on Monday, but prosecutor Hein van der Merwe told the court that the State is heading to the SCA in a bid to appeal the ruling that the trial of two of the accused had to be separated from that of their co-accused.
Judge Peter Mabuse ruled in favour of an application last year brought on behalf of former ANCYL leader Kabelo Matsepe and former provincial ANC treasurer, Danny Msiza. While they asked for either a separation of trial or a temporary stay of prosecution, the judge opted for a separation of trials.
Van der Merwe was not happy with the verdict, as it is seen as a blow to the State’s case. He had all along maintained that all 13 accused must be tried together.
The prosecution reserved five questions in law to be considered by the SCA, but Judge Mabuse last year turned down this request. Van der Merwe on Monday told the court that the prosecution will now directly turn to the SCA in a bid to appeal the separation of the trial issue.
He said the case could not proceed at this stage, as the State is awaiting the SCA’s response regarding the petition.
The separation of trials followed an earlier argument by Advocate Shaun Abrahams who said that by the time the State will be ready to proceed with the trial, his clients simply cannot, as they are going to launch at least three applications before they can face trial.
Abrahams, who appeared on behalf of Matsepe and Msiza, on Monday said his clients have also approached the SCA in a bid to appeal against Judge Mabuse’s earlier refusal to order the State to issue the pair with further documents which they wanted.
While the prosecution did hand the contents of the case docket to them after their arrest, Matsepe and Msiza said they were entitled to far more information. This mainly pertains to documents in the possession of the investigation team, led by advocate Terry Motau SC, who earlier investigated the looting at VBS.
Van der Merwe, however, argued that there is no need for the additional information which the two accused wanted.
Van der Merwe said everything they need to prepare for their defence is contained in the docket -- which they have had since 2021. He said the charges were not formulated from information obtained from the Motau investigation, but from witness statements and other evidence.
The SCA earlier refused Abrahams permission to appeal, but they are now asking that court to reconsider its refusal, according to Abrahams. He added that his instruction is to fight this all the way to the Constitutional Court if need be.
Abrahams also made it clear that as there is a separation of trials, his clients should be served with a separate indictment and another judge, as they are not part of the remaining 11 accused.
Meanwhile, counsel for one of the other accused indicated that he too, will ask for a separation of trials, as he is from Limpopo and wants to be tried there.
Judge Mabuse postponed the matter to August 18 to then determine the way further.
zelda.venter@inl.co.za