Breather for travelgate duo
2005-09-12 14:10
Cape Town - Proceedings in Cape Town magistrate's court against two travel agents implicated in parliament's travel scam were stopped on Monday, when their lawyers successfully argued that another postponement would prejudice their right to a speedy trial.
The matter has been referred to the Cape High Court.
Advocate Francois van Zyl, who defended Schabir Shaik in his fraud and corruption trial, appeared for Estelle Aggujaro, while Theresa Smit appeared for Shamima Limalia.
Van Zyl and Smit were opposing an attempt by State prosecutor Jannie van Vuuren to join five different cases into one.
In court, appearing in separate but related matters, were legal teams for 21 MPs and former MPs, plus five travel agents who stand accused of defrauding Parliament of millions of rands.
Van Zyl told magistrate Hennie le Roux the case against his client had been in court since last year July.
"My client is being prejudiced with postponement upon postponement."
Van Zyl said he would not oppose the matter being transferred to the Cape High Court, because that was where his client was "entitled" to be.
Van Vuuren said there was no real inconvenience to the accused, and their right to a speedy trial was not being prejudiced.
"The inconvenience is having to come to court. That is the sole situation that we have today."
Van Vuuren said he wanted the cases combined because travel agents had previously complained that they were being treated differently to the MPs.
Magistrate le Roux said the "finality principle" and right to a speedy trial was guaranteed in the Constitution.
Le Roux stopped proceedings against Aggujaro and Limalia and referred the matter to the high court, where it is already on the roll for July 31 next year.
Travel agents Graham Gedult and Nazley Lakay wanted their case postponed to November 11 when the 21 MPs would know if the National Directorate of Public Prosecutions (NDPP) had agreed to withdraw charges against them.
Le Roux postponed their case to that date.
Eighteen of the MPs are from the ANC, and three from the DA.
Meanwhile the matter against agent Mpho Lebelo, appearing with Limalia, was transferred to the Cape High Court where the Legal Aid Board was expected to represent Lebelo as pro deo counsel.
Reuben Liddell, appearing for Soraya Beukes, told the court that they had not yet received an indictment from the State.
"It remains elusive to us... We are in the dark."
Liddell successfully argued for the bail conditions of Beukes to be slightly amended, and she now has to report to the police station once every two weeks, in contrast to the twice a week former arrangement.
Beukes, like Aggujaro, is out on R100 000 bail. Existing bail conditions were extended to the other travel agent accused.
Le Roux stopped proceedings against Beukes and transferred the matter to the high court.
Van Vuuren also placed on record his intention to join the cases on July 31.
- SAPA