Ruling on hearsay testimony awaited
IF A move by the State to have the statement of a dead man entered into evidence was allowed, it would be highly prejudicial to the accused and may result in an unfair trial.
This was the submission at the Pietermaritzburg Regional Court yesterday by defence advocate Simphiwe Moloi, who was arguing in opposition to an application by the State to introduce the statement as hearsay evidence in the corruption trial involving two of the city’s high flyers.
The State argued 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.
Evidence
Watts, an estate agent, pleaded guilty last year and indicated that he was prepared to give evidence for the prosecution.
He died in January this year.
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 R6.85 million.
“If this statement is entered into evidence, the veracity of its contents cannot be challenged because the evidence will not be subject to crossexamination,” Moloi said.
He argued that the right to cross-examination is fundamental to a fair trial.
“It would be grossly unjust and prejudicial to the accused if this evidence is admitted,” Moloi said.
Magistrate Jaco Jordaan was due to rule on the application today.