Judge: Porritt acts like Zuma
GETS LEAVE TO APPEAL WITHDRAWAL OF BAIL
Judge Ramarumo Monama on Monday found that former Tigon CEO Gary Porritt is acting like former president Jacob Zuma by delaying his criminal trial “even when there is manifestly no prospect (of success)”.
Monama dismissed Porritt’s fresh bail application in the High Court in Johannesburg, saying his criminal trial has the hallmark of the “Zuma Principle”.
Monama said Porritt was standing trial on extremely serious charges, including fraud, theft, tax evasion, contravention of the Exchange Control Act, share manipulation and the contravention of the Prevention of Organised Crime Act.
It’s estimated that several billions of rands are involved, said Monama.
The trial relates to the collapse around 2002 of the JSE-listed financial services group Tigon. Former Tigon director Sue Bennett is Porritt’s co-accused. She’s still on bail.
In his ruling, Monama pointed out that Porritt was arrested in December 2002 and was days later released on bail. The bail was finally revoked in July last year, after Porritt failed to appear in court on at least two occasions. He has been in jail since.
The trial court refused Porritt leave to appeal the revocation of his bail and he petitioned the Supreme Court of Appeal (SCA) for special leave to appeal.
Despite a clear directive issued by the court as part of the case management process that he should wait for the outcome of the SCA process, Porritt proceeded with this fresh bail application on the basis of what he considered to be “new facts”.
Monama, however, found that there was merit in the state’s opposing argument that the fresh bail application was premature, would result in confusion and was, in fact, aimed at delaying the trial.
He found: “This application is an afterthought but, on the whole, demonstrates the strategy generally used by the applicant [Porritt] to delay the trial.”
Monama said the case has been on the court roll since 2006 and has been before the high court, the SCA and the Constitutional Court.
He quoted the SCA from an earlier ruling in the same case. The court found: “… they [applicant and his co-accused] intend to employ every strategy available to them in order to delay the commencement, and thereafter continuation, of the trial for as long as they possibly can.”
Monama stated that the delay is unacceptable. “This case has the hallmarks of the Zuma Principle – to drag the case even when there are manifestly no prospects”.
Outside court, Porritt’s attorney Frank Cohen told Moneyweb the SCA has granted Porritt special leave to appeal the revocation of his bail.
This case has the hallmarks of the Zuma Principle