Brothers’ request slammed by commission’s lawyer
Granting the Gupta brothers an opportunity to testify via a video link, or acceding to their request to do so from another country, will curb the power of the Commission of Inquiry into State Capture from prosecuting them in an event they commit perjury.
This is according to commission evidence leader, senior counsel Isaac Maleka.
Addressing the commission yesterday on the brothers’ application seeking leave to crossexamine witnesses and to testify from another country, Maleka said: “What is sought here will be convenient to Ajay Gupta and his brothers, but not to the commission.
“There are cost implications to what they want.
“They do not even say how the South African public should be served in this process.
“We have difficulty in accepting their undertaking, which is worth nothing to this commission. “The problem is that they have not come under oath. “Can you imagine the public outcry you [Deputy Chief Justice Raymond Zondo] will have to face because you will have to go to the executive and ask for more money. “The Guptas have no faith in our law enforcement agencies because they claim they are incompetent. They also do not trust the judiciary.
“They are beyond the reaches of the constitution and cannot be prosecuted.”
Maleka argued that the Guptas’ application and undertaking should be rejected “because their evidence is not fundamental”.
Commission chairperson Zondo warned that there could be other witnesses that might implicate the Guptas.
“If one accedes to their undertaking, it means we will undertake a number of trips overseas – a huge operation indeed,” said Zondo.
What is sought is not convenient to the commission.