Staff reporter
Bloemfontein – The much talked about case linked to the Gupta family is slowly collapsing in Free State High Court, known as the Nulane, its in its fifth week and the borne of contention is the R25 million for the feasibility study paid to Nulane.
Day 20 of the fraud and money laundering trial saw Investigating Officer, Mandla Mtolo on the stand cross examined by the defence lawyers who have accused him of following the narrative that suited the state in his probe.
Among other accusations Mtolo faced from the defence was his own evidence and the push back over his engagements with another witness.
The Free State High Court has heard Atul Gupta paid R17.84 million to the company Pragat in 2010. In the Nulane Investments criminal trial, the state claims Pragat was involved in money laundering.
It was Advocate Kenny Oldwadge for Dinesh Patel who went head in first and started to poke holes in the state case trying to discredit Mtolo.
“You did not follow national instructions, you did not follow standing orders insofar as maintaining chain of evidence is concerned,” says advocate Kenny Oldwadge for Dinesh Patel. “But when you seize the exhibit it must be put in the SAP 13 and that was done,” replies Mtolo.
Mtolo is facing scrutiny over what became of an exhibit seized in a 2021 search and seizure on Free State government offices. Oldwadge refers to Mtolo’s investigator’s diary.
“It was beyond our control to book it on that day […] that’s why we had to go on the next day to book the exhibit,” says Mtolo. He says the exhibit was kept in the safe at the police station overnight and booked in the following day.
“Colonel Mtolo, does the SAP 13 reflect that you actually booked it in on the 19th or on the 20th?” asks Oldwadge. “It’s reflected on the 20th,” says Mtolo. “That’s not true, that’s not true,” says Oldwadge. “We left it there just for them to keep it there in the safe,” he says.
The advocate says Mtolo’s version with that of his colleague (now retired) Isaac Bunu “is a concocted version” and then refers to the log for the exhibit in his diary. “That version is just false. The register says received on the 20th of March,” says Oldwadge, reading the SAP.
Just for clarifications this is in 2020. “You misled this court this entire version of yours is in dispute created by your own fabrications,” says Oldwadge.
Oldwadge: There’s a chain of evidence. You wanted to distance yourself. You were clear yesterday: I was not in charge of this. I didn’t seize these exhibits, I didn’t seal the bag, it wasn’t done in my presence. Now, let me ask you is there any merit in your version?
“There is merit in my version,” insists Mtolo. The advocate for one of the accused persons in this state capture matter says the purpose of the evidence bag and sealing to preserve the integrity of the exhibit. He says Mtolo broke the seal and handled the papers as he pleased.
“I am startled that you do not know that as a colonel you manhandled you broke every rule in the book we don’t know, there is no certainty what you received was ultimately filed in the docket,” says Oldwadge.
Whereas Bunu said the evidence bag was obtained from a nearby police station in the Free State, Mtolo says the evidence bag was brought from Pretoria.
Mtolo notes Bunu is retired and asks rhetorically how is he supposed to remember all these things, adding he cannot comment on the disparity.
“Did you book it out, this exhibit bag?” asks Oldwadge. Mtolo says he did.
“Were you wearing gloves when you are dealing with disputed evidence you must wear gloves,” says Oldwadge.
“But at that time I did not know it was disputed,” says Mtolo. He’s repeated that the document was obtained from the department, taken as bona fide (my paraphrasing).
Oldwadge continues, “This is how how shallow this investigation was t’s embarrassing how you conducted this investigation. And now we have it that this is a disputed document and you can’t handle it, can you?”
Mtolo says the exhibits were not put in the docket, they were kept in the storeroom in an unsealed evidence bag.
“This is clearly a recalcitrant, obstinate witness,” says Oldwadge after Mtolo declines to provide the names of certain colleagues. He asks who drafted the indictment, Mtolo says it was state prosecutor advocate Peter Serunye.
Advocate Oldwagen representing Dinesh Patel had Mtolo admitting he booked exhibits seizedfrom government offices into SAP13 at glen Police station on 20/3/20. Mtolo initially said it was his colleague Cap Bunu that did so. He said it was an error.
Mike Hellens, representing Gupta employee Ronica Ragavan & Gupta company Islandsite, tells Mtolo that had he investigated origins of letter from an Indian company that led to the #Nulane R24.9m tender, court would be in a better position in knowing if letter was legit or not.
There are 35 witnesses expected in this case and in the coming days bank representatives will likely give evidence through submissions.
Acting Judge Mpumelelo Gusha gave the state till this morning to indicate the alternative means on for a witness in Nigeria who is a former Delloite employee this after the state had asked for postponement till Monday and all 5 defence lawyers objected. He will give evidence virtually.
The defence has really poked holes in the state case and its very shaky, the state is expected to prove its case beyond a reasonable doubt.
This will put the HAWKS under scrutiny in as far as how they investigate cases and whether there is a political motivation to prosecute.
Last year we reported a similar pattern in a case involving Free State Health officials.
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