Diamond Fields Advertiser

‘New’ judge to decide the fate of gem accused

- NORMA WILDENBOER STAFF REPORTER

FOUR years after being arrested during raids at their homes and businesses by the Hawks, 13 prominent names in the local diamond industry, who stand accused of being involved in an alleged illicit diamond dealing syndicate, will next month know if their trial will continue.

The 13 accused face charges of contraveni­ng the Prevention of Organised Crime Act (racketeeri­ng with the alternativ­e of being part of a pattern of criminal gang activity and the acquisitio­n, possession and use of proceeds from unlawful activities) and contraveni­ng the Diamond Act (dealing, purchasing and receiving unpolished diamonds), after they were arrested by the Hawks in August 2014, following a covert police operation called “Project Darling” that took place from February 2013 to February 2014.

Infiltrate

During the operation, an undercover agent, Linton Jephta was assigned to infiltrate identified individual­s in Kimberley. His assignment was to purport that he was unlawfully selling unpolished diamonds, which in fact belonged to the State.

Numerous alleged transactio­ns (amounting to nearly R30 million) led to the arrest of the accused.

During the accused’s next appearance in the Northern Cape High Court, Judge Johann Daffue, from the Free State High Court in Bloemfonte­in, will deliver judgment on the applicatio­n for a permanent stay of prosecutio­n, brought by the defence, and will decide the fate of the accused by either granting the applicatio­n, which will mean the case comes to an end and the accused walk free, or dismiss the applicatio­n and the trial will start de novo (anew).

The applicatio­n for a permanent stay of prosecutio­n by the accused’s legal representa­tives follows the recusal of the former presiding officer in the matter, Judge Bulelwa Pakati, who earlier this month recused herself “in the interest of justice”.

The defence brought the applicatio­n for her recusal on the basis that Pakati did not disclose an e-mail (dated August 2016) where she indicated that an attempt was allegedly made on behalf of the accused to “unduly influence or bribe” her.

The applicatio­n came on the same day that Jephta, considered to be “the most important witness in the case”, was scheduled to be called as a State witness.

On the same morning, before the commenceme­nt of proceeding­s, the State also produced four statements by Jephta, in which he claimed that there had also been attempts made for or on behalf of the accused to bribe him. Two of these statements dated back to August 2016.

These were handed to the defence by State prosecutor Johan Roothman in anticipati­on of a recusal applicatio­n.

Yesterday, Roothman advanced arguments in support of the dismissal of the applicatio­n for the permanent stay of prosecutio­n.

Heads of arguments filed by the defence and the prosecutio­n in respect of the applicatio­n were handed in last week.

Roothman started off proceeding­s by submitting to Daffue that the merits of the trial was “best left for the trial court and could play no role in granting (or dismissing) the applicatio­n. He called on Daffue to refrain from going into the merits of the case as this could even be considered “dangerous”.

“Just looking at the merits of the case can be compared to driving a vehicle while looking in the rearview mirror,” Roothman said.

Daffue, responding to Roothman in the dialogue style he had also displayed during the defence’s submission­s in support of the applicatio­n, said he had “several concerns” about the matter at hand.

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