POLOKWANE – Expressions of disbelief were on the faces of former businessman and fraud-accused Jacques Nell and his wife, Lucille when they heard on Thursday that Nell would be remanded in custody and not be granted bail.
This followed a nearly two-week long bail hearing in the Polokwane Regional court. Nell, who was described as a serious flight risk by the Hawks during the bail hearing, is due to appear before court again on April 4 when he will be given a trial date.
Explaining her decision not to grant Nell bail, magistrate Janine Ungerer said the interest of justice took precedence in bail cases, which were less formal than trials. Hearsay was also permitted, she said.
The court cautioned Nell on more than one occasion to tell the truth in court, or to invoke his right not to comment or remain silent. She said it seemed as if Nell did not understand the seriousness of the court proceedings and the charges he was accused of.
Taken into account was the fact that Nell was not formally employed at the time of his arrest, he did not own assets other than two vehicles, on which, in his affidavit he said he owed a lot of money.
He lied to the court on several aspects, such as when he said he did not travel abroad after his holiday in December 2012. Evidence showed he had visited Mozambique and travelled to Mauritius last year.
He also said he only had R650 000 left after honouring the bond on property sold in Polokwane before he moved to Gauteng.
Evidence to the contrary was produced by the Hawks, who also showed that large amounts of money were paid into Lucille’s bank account after the sale of the property by the buyer.
Shares from companies were also transferred to other individuals. Nell paid R53 000 per month rent on his house, and R10 000 for school fees for his son. His family would have assisted, according to him, as he and his wife’s funds were depleted after he received no income for more than a year.
Although Nell swore loyalty to his country and family (with two children still of school-going age), and said he would not leave the country, he had applied for work abroad, and was also offered an ambassadorship, possibly to Italy.
Ungerer said Nell was evasive and never directly answered questions. His wife said money could have been raised by selling Nell’s vintage car, which was put on her name, due to being advised by their attorney and auditors that her husband should have no assets on his name.
Nell also allegedly threatened the officer who arrested him, saying he could lose his job, and he should first contact his boss before arresting him.
This was denied by Lucille, who said she had not heard Nell threatening the officer. Nell also phoned former national intelligence Agency DG Billy Masetlha after being arrested.
Ungerer said the Hawks presented a strong case that he was a flight risk, and they had a prima facie case against Nell.
The possibility that he may interfere with witnesses was taken into account. The possibility that he might try to evade trial was taken into consideration, as it may jeopardise the justice system.
The fact that he, screamed “Amandla” in court showed he had no respect for the court or the law. The charges against him were serious, she said.
