Judgement still being considered in Koko judicial inquiry over state readiness
The Middelburg Regional Court where Magistrate Stanley Jacobs is presiding over a judicial inquiry into the state's readiness to proceed to trial with the R2 billion fraud, corruption and money laundering investigation against former Eskom Motshela Koko and his 17 co-accused is still underway, and is expected to run into further delays as defence advocates for the accused only started with cross examination of the investigative officer moments ago.
The investigative officer, who cannot be named due to an earlier court order granting him anonymity for safety reasons, was recalled to the witness stand by Magistrate Jacobs in order to clarify certain aspects around his previous court testimony regarding the scope of the investigation and volume of evidence.
The inquiry was launched by the court to determine whether the matter must be struck from the court roll until the state is ready to formally indict the accused in the High Court.
Judgement in the matter was scheduled for September 29, but was postponed to Monday for Magistrate Jacobs to question the investigating officer.
On Monday, protests rang out from defence benches over the state’s failure to disclose the fact that the investigating officer had been recalled, and the possibility that they might have to cross examine the lawman, citing their clients’ rights to a speedy, fair trial.
Defence advocates are all arguing that the state arrested the accused on 27 October 2022, knowing full well that they weren’t trial ready.
The state denies it and say that they’re ready to proceed.
The state advocate, who may also not be identified, conceded that the issues of centralization and racketeering, could only be handled once the docket has been closed.
Outstanding witness statements, as well as both final audit and data reports have also not been signed into the docket, with the state requesting a further four months to finalize before full disclosure to the defence.
