Peter Marais case off to Knysna
2003-09-12 15:04
Cape Town - The modern principle of taking justice to the people has caused the transfer to Knysna of the corruption trial involving former Western Cape premier and mayor Peter Marais and former Western Cape MEC for environmental affairs David Malatsi.
The hearing has been scheduled for Knysna regional court for November 17 to 28 - without the presence of Count Riccardo Agusta, the developer of the controversial Roodefontein Golf Estate near Plettenberg Bay.
Count Agusta, who is not in South Africa at the moment, was to have joined Marais and Malatsi in the dock, but the State has abandoned efforts to secure his presence in court.
The transfer of the case to Knysna was ordered by Cape Town regional court magistrate Hennie le Roux, on the grounds that most of the State witnesses were from the George, Knysna, and Plettenberg Bay vicinity.
Marais and Malatsi face two corruption charges each, relating to the Roodefontein development, while Malatsi faces additional theft and fraud charges.
Le Roux said the case was likely to require a number of physical inspections of the Roodefontein estate by the court.
Would be expensive for Marais
He rejected objections to the transfer by defence counsel Peter Mihalik, on behalf of Marais.
Mihalik said the transfer of the case had enormous financial implications for Marais.
Le Roux said the modern principles of transparency and the interests of justice demanded that justice be taken to the people involved in the case.
He said the transfer would also avoid unnecessary State expense.
Mihalik also objected to the delay of the case until November, but Le Roux said it was common for regional court cases to take up to, or more than, a year to start, even when accused people were in custody.
Le Roux said there were no grounds to criticise Scorpions specialist prosecutor Bruce Morrison SC for the delay, as contended by Mihalik.
Le Roux said Morrison was to be commended, in fact, for ensuring Marais and Malatsi a speedy trial, by scheduling the hearing as soon as November.
Malatsi is represented by counsel Hugo Rossouw.
- SAPA