State may still reinstate case against Phahlane & co-accused
This morning the State was forced to withdraw the case against former acting top cop Khomotso Phahlane, his wife and car dealer Durandt Snyman after their application for a postponement was denied.
PRETORIA - The Specialised Commercial Crime Court has found that any further delay in the trial of former acting national police commissioner Khomotso Phahlane and two others would prejudice them.
The State was forced to withdraw the case against Phahlane, his wife Beauty and car dealer Durandt Snyman after their application for a postponement was denied.
The trio faced charges of fraud and corruption and were out on bail following their first court appearance in February.
Magistrate Nicola Setshoege found there was too much uncertainty from the State that its case would be ready to go to trial in three months’ time.
#Phahlane the court dismissed the state’s application for a postponement, which obliged the state to withdraw the case.— EWN Reporter (@ewnreporter) June 7, 2018
The defence told the court that when the state is ready, it should summon their clients who will readily appear in court. BB
Despite commitments made during the previous court appearance in March that a trial date would be set by Thursday, the prosecutor told the court that the investigation had not been completed.
The court heard that three forensic reports were still outstanding and that more accused may be added to the charge sheet.
The attorneys for Phahlane and Snyman objected to the request for a postponement, saying their clients would suffer further financial prejudice by repeatedly being called back to the dock.
The State was obliged to withdraw the case, but may re-enrol the matter when the investigation has been completed.
#Phahlane the state had asked the court for the matter to be postponed for three months, saying three forensic reports were outstanding and more accused may be added to the charge sheet. BB— EWN Reporter (@ewnreporter) June 7, 2018
#Phahlane but the state had committed at the previous appearance in March that it would return to court with a trial date and disclose the docket to the defence. BB— EWN Reporter (@ewnreporter) June 7, 2018
#Phahlane the court found that the state’s uncertainty related to the completion of the investigation and possibility of more accused being added to the charge sheet leaves the case open-ended. BB— EWN Reporter (@ewnreporter) June 7, 2018
(Edited by Thapelo Lekabe)