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A trial within a trial at the Free State High Court in Bloemfontein on May 5, 202 to test the court’s jurisdiction of former Premier, Ace Magashule’s PA, Moroadi Cholota’s extradition claims.
Senior prosecutor Johan De Nysschen has questioned the authenticity of the transcripts revealed by senior counsel Laurence Hodes who is representing Ace Magashule in the R255 million asbestos case.
De Nysschen has however accepted that the transcripts can be used as new evidence but argued that Hodes cannot be allowed to cross examine any witness in a trial within a trial.
Moroadi Cholota was given a go ahead to challenge her extradition from the US. Her legal representative, Loyiso Makapela concluded cross examining the state witness who is an investigating officer.
The state has submitted that Magashule’s lawyer has no substantial basis to cross examine the state witness on the new transcripts evidence.
The revelation of the transcripts also shocked the presiding Judge Phillip Loubser who has questioned why it was not handed over as evidence.
The transcripts are about Moroadi Cholota’s interview in the US by state investigators before they applied for extradition.
Asbestos trial-within-trial resumes
