Dead man may speak

Prosecution tries to introduce hearsay evidence

AN APPLICATION by the State to have a statement introduced as hearsay evidence in the corruption trial involving a former Msunduzi deputy mayor, “is simply an attempt to give mouth-to-mouth resuscitation to a dead horse”.

This was the submission by defence advocate Jerome Brauns yesterday, who will oppose the application, along with his co-counsel, Simphiwe Moloi.

Prosecutor Makhosi Mthembu brought the application before Pietermaritzburg Regional Court Magistrate Jaco Jordaan yesterday, arguing that it was in the interests of justice that the statement by Neville Watts, who has since died, be admitted into evidence.

On trial are KwaZulu-Natal businessman Lucky Moloi and his four co-accused: former bodyguard, Thembinkosi Xaba, former Msunduzi deputy mayor, Alpha Shelembe, his wife, Joyful Shelembe, and his sister, Nelisiwe Shelembe.

They have all pleaded not guilty to charges of fraud, corruption and money laundering.

Watts, an estate agent, made a secret appearance in a Durban court in September last year. He pleaded guilty and indicated he was prepared to give evidence for the prosecution.

Watts was fined R50 000, half of which was suspended, and sentenced to a period of correctional supervision.

He died in January this year, two months before the trial began.

Another accused, former Msunduzi councillor Themba Zungu, has also died.

The accused are charged with colluding to persuade the uMgungundlovu District Municipality to buy the MIB Building in Langalibalele Street in 2003 at the inflated price of R6 850 000.

The State alleges that Watts, Zungu and Alpha Shelembe shared a R1 million “commission” between them.

The other accused are alleged to have helped launder the money to conceal its origin.

The property in question was bought by the district municipality for office and parking space.

Mthembu said that before his death, Watts was going to be the State’s key witness, and that he had played an impor- tant role in the sale of the MIB building, together with his alleged accomplices.

She said Watt’s statement was a pivotal part of the evidence against the accused, and that it was necessary in order for the court to come to a fair conclusion.

Mthembu argued that Watts had pleaded guilty to his role in the crime and was punished accordingly, and therefore had no reason to fabricate evidence, or implicate the accused.

“Watts had nothing to lose and nothing to gain by making his statement,” she said.

The prosecutor argued further that the accused would not be prejudiced by the statement, especially when weighed against the interests of justice.

“The inclusion of the statement into evidence is neces- sary and justified. The accused will have the opportunity to rebut the statement by calling their own witnesses, or they can also elect to testify themselves,” Mthembu said.

Brauns indicated that the defence would be opposing the application and the case was adjourned to tomorrow to allow the defence to prepare their argument.

“This is simply an attempt by the State to give mouth-tomouth resuscitation to a horse that has already died, but nevertheless, we would like to study their argument and respond accordingly,” Brauns said, to which Mthembu replied:

“The horse is still alive and kicking.”

The accused are all out on bail.