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Trifecta accused await fate

- SANDI KWON HOO CHIEF REPORTER

FOLLOWING one of the biggest corruption cases that has ever been prosecuted in the Northern Cape, the accused in the Trifecta case are now awaiting their fate after arguments were presented in the Supreme Court of Appeal in Bloemfonte­in last week, following a 12-year legal battle.

The accused, former ANC provincial chairperso­n John Block and the CEO of the Trifecta group of companies, Christo Scholtz, were found guilty of corruption and money laundering in the Northern Cape High Court and were each sentenced to 15 years imprisonme­nt in 2016.

The charges relate to leases that were awarded to Trifecta for government offices.

Judgment was reserved in the Supreme Court of Appeal in Bloemfonte­in on Friday, where Block and Scholtz are trying to overturn their conviction­s and sentences.

The State has decided not to argue the money laundering charges in the Supreme Court of Appeal, as it believes that it is a duplicatio­n of charges.

According to a local legal practition­er, the accused have a right to approach the Constituti­onal Court should their applicatio­n at the Supreme Court of Appeal not succeed.

This is despite the State stipulatin­g that there were no constituti­onal issues to be decided upon.

The legal practition­er stated that it would be up to the Constituti­onal Court whether it would hear the matter.

“If the Constituti­onal Court decides to entertain the matter, it will either be heard before a full or partial bench. However, if they decide that the case is without merit, they will dismiss the matter without hearing any arguments.”

He estimated that the outcome of the applicatio­n to the Supreme Court of Appeal could be expected to be made available in the next three months.

“If the Supreme Court of Appeal rules in their favour, they will not be facing any jail time. However, if they are not successful, the accused should remain on bail until the outcome of the Constituti­onal Court matter, if the applicatio­n for leave to appeal is granted. If they are successful, it would take between three and six months for the matter to be brought before the Constituti­onal Court.”

He pointed out that the fact that the appellants had chosen not to take the stand during the trial could count against them.

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