Cell­phone records con­tested in Lamoer trial

Cape Argus - - NEWS - The­olin Tembo

AVOLLEYBALL field and a court­room in the Western Cape High Court had a lot in com­mon, as the State and de­fence ar­gued in the case of for­mer Western Cape po­lice com­mis­sioner Arno Lamoer.

The case is set to be­gin with a trial within a trial where the two sides will ar­gue over the cell­phone record used.

Lamoer and three brigadiers: Dar­ius van der Ross, Sharon Goven­der and her hus­band Colin Goven­der, to­gether with busi­ness­man Salim Daw­jee face 109 charges of cor­rup­tion, rack­e­teer­ing and money laun­der­ing in­volv­ing R1.6 mil­lion.

The de­fence raised con­cerns over the State’s be­hav­iour, stat­ing they had rea­son­able sus­pi­cion that they haven’t re­ceived all the in­for­ma­tion that the State had, and the fact that the ev­i­dence re­gard­ing af­fi­davits had gone miss­ing, only to reap­pear.

The mat­ter yes­ter­day fo­cused on the de­fence’s re­quest to sub­poena cell­phone records from ser­vice providers Vo­da­com and MTN, ar­gu­ing that they can­not be lim­ited while the State is un­lim­ited.

The de­fence is seek­ing to get con­fir­ma­tion from one of the wit­nesses deal­ing with the cell­phones records, that ev­ery­thing they would have re­ceived would be all the records that had been sub­mit­ted.

The de­fence had at­tempted to get the com­plete cell­phone records via a sub­poena sent to cell­phone ser­vice providers, how­ever State pros­e­cu­tor Billy Downer re­vealed that they could only have a redacted ver­sion.

The State said that the redacted in­for­ma­tion was not rel­e­vant to the case, but they had handed over all the records they had. De­fence ad­vo­cate Wil­liam King SC, who is rep­re­sent­ing Daw­jee, said they were not happy hav­ing to re­veal strat­egy when cross-ex­am­in­ing in the trial within a trial due to the con­cern of hav­ing ac­cess to all the cell­phone records.

“We can­not chal­lenge the wit­ness’ ver­sion with­out hav­ing had ac­cess to the in­for­ma­tion.”

Af­ter a long day de­bat­ing, Judge Rosheni Al­lie came to a de­ci­sion where the sub­poena to the ser­vice providers would go out, which would then be lodged with the court reg­is­trar.

There­after, the State would redact in­for­ma­tion not rel­e­vant to the case, where­after the de­fence would get ac­cess. The case con­tin­ues to­mor­row.

PICTURE: TRACEY ADAMS/ANA

AC­CESS: For­mer pro­vin­cial po­lice com­mis­sioner Arno Lamoer, right, out­side the Western Cape High Court.

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