NPA files application to appeal against Nulane judgment

JOHANNESBURG - The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) has filed an application to appeal against the recent judgment in the Nulane Investments R24.9 million fraud and money-laundering case which saw the accused discharged.

The ID argues there are reasonable prospects that another court would find acting Judge Nompumelelo Gusha erred by making contradictory rulings which prejudiced the state regarding the issue of the admissibility of documentary evidence.

Discharged

of the Criminal Procedure Act, while the seventh accused was acquitted.

The ID said its appeal application is also based on the February 23 verdict that rendered key documents and exhibits provided by the state inadmissible as evidence against the accused.

Errors

Among other errors, it said, it believes the judge erred by discharging the seven accused in circumstances where the state had presented prima facie evidence on which a reasonable court might convict.

“There are reasonable prospects that another court would come to a different conclusion and/or find that granting the discharge was a misdirection which was contrary to legal precedent, constituted a gross irregularity in the trial and was prejudicial to theSstate,” the ID said in a statement.

Former Free State agriculture head Limakatso Moorosi, who did not apply for a discharge, was acquitted by Gusha, while her co-accused were discharged.

They are:

Gupta associate Iqbal Sharma; Peter Thabethe, former head of the Free State department of rural development;

Seipati Dhlamini, former provincial agriculture CFO;

Dinesh Patel, Sharma’s brother-inlaw and a representative of Nulane;

Islandsite Director Ronica Ragavan; and

Nulane Investment and Islandsite as entities.