VBS accused seeking to manipulate system
VBS Mutual Bank heist accused and former Limpopo ANC treasurer Danny Msiza and co-accused Kabelo Matsepe are again seeking the separation of their trial from that of their co-accused, reports News24.
This is what their newly-appointed counsel, Advocate Shaun Abrahams, the former NDPP, told the Gauteng High Court (Pretoria) yesterday when they appeared along with 11 co-accused when the trial was meant to get underway.
It was their first appearance in court since their co-accused, former VBS chairperson Tshifhiwa Matodzi, who was described as the kingpin, entered into a plea deal with the state and turned state witness.
Matodzi pleaded guilty to 33 charges, including theft, fraud, racketeering, and money laundering and was sentenced to an effective 15 years in prison.
While Advocate Hein van der Merwe said the prosecution was ready to proceed with the trial, the court heard that Msiza and co-accused businessman Matsepe were bringing two interlocutory applications – one for the separation of their trial and another for a temporary stay of prosecution, pending a SCA petition.
This after the High Court refused to grant them leave to appeal at the end of June.
Van der Merwe said the state would oppose both applications.
The accused could not manipulate the system to suit themselves, he said, referring to the request for the separation of their trials, which involve racketeering charges. Van der Merwe added that the accused effectively wanted to force the state to prosecute the case in a specific manner.
He said it would cause the state great prejudice, according to News24.
The court also heard that Msiza and Matsepe had already brought a separation of trial application, which was dismissed.
Meanwhile, some of the counsel for the other accused said they would need time to consider the separation of trial application. One advocate said he needed time to consult with his client after Matodzi's plea and sentence agreement. Other accused were ready to proceed with the trial.
The matter was postponed to 14 August for the state to file an answering affidavit to the applications and for the matter to be argued.
The accused were charged with theft, fraud, money- laundering, corruption, racketeering, and contraventions of provisions in the Prevention of Organised Crime Act and the Prevention and Combating of Corrupt Activities Act.
It is alleged that they looted around R2bn from the now-defunct bank between 2015 and 2018.
In an affidavit, Matodzi has implicated most of his former co-accused in wrongdoing, including Msiza, former VBS CEO Andile Ramavhunga, former bank treasurer Phophi Mukhodobwane and former non-executive board members, Ernest Nesane and Paul Magula.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
