The NPA is headed to the SCA to appeal an order that secured 13 Kimberley-based diamond dealers a permanent stay of prosecution, according to a report on the IoL site.

The SCA will hear the NPA’s application on 7 May.

The Northern Cape Director of Public Prosecutions is cited as the applicant in seeking to resurrect the case in which the accused faced 139 counts pertaining to illicitly dealing in diamonds.

Police obtained their evidence by using an agent to trap diamond dealers into illicit transactions. Transactions amounting to R28m were traced. Their range of charges included illicit diamond dealing and racketeering.

In 2018, Judge Johann Daffue ruled in favour of their application for permanent stay of prosecution that the accused were prejudiced by unreasonable delays.

A judge had previously recused herself from the trial apparently due to threats she received for presiding over the matter, forcing the state to start the trial afresh.

Daffue was at pains to explain that permanently staying prosecution was an extraordinary remedy, but maintained it was warranted in this case.

He said he weighed societal demand that accused people should trial for serious crimes ‘with the prejudice already suffered and to be suffered’ if the trial was to start afresh.

The SCA said in its bulletin the appeal arguments will look into ‘whether the court was correct in finding that there was indeed an unreasonable delay’ and ‘whether the respondents’ right to a fair trial has been compromised’.

It will also be asked to determine whether it will be appropriate for the trial to commence anew.

Full report on the IoL site