Cholota requested a trial within a trial to contest both the court’s jurisdiction and the legality of her extradition, including holding her criminally liable.
The Free State High Court has granted Former Free State Premier Ace Magashule’s PA Moroadi Cholota’s plea for a trial-within-a-trial in the R255 million asbestos corruption case.
Magashule, along with Cholota, appeared in the Free State High Court in Bloemfontein on Friday, where the ruling was handed down.
Cholota made a special plea on Thursday.
Trial-within-a-trial
On Thursday, Cholota’s legal team requested a trial within a trial to contest both the court’s jurisdiction and the legality of her extradition, including holding her criminally liable.
However, the State prosecutor Advocate Johan De Nysschen argued that there is no basis for Cholota’s claim that her extradition was unlawful.
ALSO READ: Judge insists R255m Free State asbestos corruption trial must proceed
‘Playing games’
De Nysschen said the irony is that the interaction between the investigators and Cholota elicited nothing worthy from her, adding that she bluntly refused cooperation, “playing games” with the detectives.
“With all due respect, she says firstly that the conduct of the detective while they were in the US engaging with her amounted to unfair, to such an extent that she was tortured, intimidated, I say in my head of arguments, tortured to do what? With all due respect, she said nothing.
“No admissions, confessions, or anything incriminating in any form was forthcoming from her, and clearly the detectives did not push her down such a path, but instead gave her time to think about her position, obtain the services of a legal representative, attend her classes, meet her boyfriend, etc. How, in these circumstances, it can be said that she was intimidated, tortured, etc., boggles the mind. Intimidated to do what, [is what] one must ask,” De Nysschen said.
ALSO READ: Magashule’s former PA Moroadi Cholota’s bid to have charges dropped fails
‘Principle of law’
Cholota’s legal representative, Loyiso Makapela, argued that the state’s opposition to the application for a trial-within-a-trial is neglecting the principle of law.
“There’s no authority to support their position. What they wish to do in this submission that we just heard is to unduly influence the court into forming a prior opinion about what is going to happen in the trial-within-a-trial, and that is impermissible.
“If they’ve got anything to state to this court about anything that happened in America, that should happen with a trial-within-a-trial. If they have bundles of authority, then those bundles should be submitted in the trial-within-a-trial,” Makapela said.
Accused
Cholota is one of 18 accused in the matter.
The list includes prominent businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, former Free State Human Settlements head Nthimotse Mokhesi, and the provincial department’s former supply chain director Mahlomola Matlakala.
All the accused are facing charges of fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA).
These charges stem from a R255 million contract awarded in 2014 by the Free State Department of Human Settlements to a joint venture between Diamond Hill Trading and Blackhead Consulting.
READ MORE: Lawyer says Magashule’s former PA Moroadi Cholota is being charged based on evidence she gave as state witness
