Number of accused ‘amigos’ dwindles down to 13
DURBAN: Once there were 23 accused listed on the indictment – now there are only 13.
And, while the accused in the R144-million “Amigos” racketeering, corruption and fraud trial usually had to squash together in the dock, yesterday they sat comfortably when they appeared for the first time in the Durban High Court.
As expected, their numbers dwindled after the State withdrew charges against senior ANC politicians Economic Development MEC Mike Mabuyakhulu and Speaker Peggy Nkonyeni as well as the man said to be her boyfriend, Lindelihle Mkhwanazi, and three lawyers, Nozibele Phindela, Jabulani Thusi and Ian Blose associated with Durban law firm Kuboni Shezi.
The decision to withdraw charges was taken by the acting head of public prosecutions in the province advocate Moipone Noko just two weeks after she took up the post and following months of speculation of high-level interference in the case.
Noko said she had evaluated the case – the basis of which is a 112 000-page forensic audit report – and found there to be insufficient evidence to proceed against the accused.
There were more surprises yesterday when prosecutor Ncedile Dunywa also withdrew charges against Yolisa Mbele, former health director-general, and two companies, Skyros and Blue Serenity Investment, both with links to Beatrice Shabalala – who is married to former treasury head Sipho Shabalala – which were allegedly used for money laundering.
Both Shabalalas remain on trial, along with Cape Townbased Uruguayan businessman Gaston Savoi who is accused of paying sweeteners to secure contracts to provide water purification and oxygen plants to the provincial departments of health and local government.
While the trial had been set down for March next year, yesterday Judge Ron McLaren adjourned it until the end of July.
He explained that this was because a new indictment still had to be served on all the accused this week and a constitutional challenge launched by Savoi against SA’s racketeering laws would have to be finalised first.
This would be argued in December but, the judge said, it was likely that the losing party would take it on appeal.
The judge also disclosed that Savoi was considering bringing a further application for a permanent stay of prosecution.
“The prosecution has been given a pro-forma copy of this application… it is still the subject of negotiations with the State,” he said.
The Mercury understands that Savoi raises fair trial issues in this proposed application and is likely to also raise allegations of political interference, selective prosecution and yesterday’s withdrawal of charges, particularly against the politicians.
Also still facing charges are Savoi’s associate, Fernando Praderi, his company Intaka Holdings; former health director-generals Busisiwe Nyembezi and Ronald Green-Thompson; former health officials Victor Ntshangase and Alson Buthelezi; and advocate Sandile Kuboni and his former law firm Kuboni Shezi, accused of laundering R1m Savoi allegedly gave to Sipho Shabalala in return for the contracts.