-
Court gavel.
Judge Phillip Loubser is expected to deliver his ruling on Monday in the Free State High Court on whether defence lawyers, other than Advocate Loyiso Makapela, can cross-examine the state witness in the trial within a trial concerning the R255 million asbestos roof removal corruption case.
This comes after the case was postponed last Thursday when it was revealed that the state witness had been booked off sick. The outcome of the ruling will determine whether the trial within a trial remains focused solely on Moroadi Cholota—the central figure in the state’s case against former Free State Premier Ace Magashule—or whether lawyers for other accused may also challenge the state’s evidence.
Magashule’s counsel, Senior Advocate Laurence Hodes, argued last week for the right to cross-examine the state witness and submitted transcripts of an interview between Cholota and investigators. This move drew sharp criticism from Judge Loubser, who said Hodes’ conduct was unacceptable, as the transcripts had not been officially introduced at this stage.
Hodes countered that the documents had already been submitted in previous court proceedings and their authenticity had never been disputed.
Meanwhile, Advocate Makapela, representing accused number 17, Moroadi Cholota, has completed her cross-examination of the state witness. The trial within a trial is examining whether South African courts have the jurisdiction to prosecute Cholota on charges stemming from the asbestos project.
Cholota, who was Magashule’s personal assistant at the time of the alleged corruption in 2014, insists that her extradition from the United States was unlawful.
